Hey kids! Governor Manchin here! Today I want to talk to you about the importance of family. I know your family is very important to you. And my family is very important to me! I've always had more important people in my family than most people do in theirs. I've had a lot of important relatives. Then, of course, there's me! I'm the Governor! And that makes me very important! But there are other important jobs to be done, and lots of important family to take care of. For example, a while back I found out we needed a new executive director for the West Virginia School Building Authority. I thought and thought and thought about who would be good for that job. Guess who I picked? My cousin, Mark! Another time, I needed to find a new member for the West Virginia Tourism Commission. Know who I picked for that one? My son, Joe IV! Now if you kids pay any attention at all to your own mommy and daddy, you can imagine that by this time Mrs. Manchin was getting pretty upset! And when Mrs. Manchin is unhappy, everybody's unhappy! So when an opening came up with the West Virginia Board of Education, guess who got that one? Right! Now everybody's happy again! Which is why I always say, there's nothing more important than family! Especially mine!
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Wednesday, May 9 2007
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A trial lawyer by any other name is still a........
With all the talk about the legal challenge to the table games bill, most of the focus has been on this wording in the lottery amendment passed back in 1984:
“The legislature may authorize lotteries which are regulated, controlled, owned and operated by the State of West Virginia in the manner provided by general law.”
According to those challenging the table games bill, the games will not be controlled, owned and operated by the State of West Virginia, thus violating the wording of the original amendment. Those defending the table games measure claim the latter part of that sentence -- "in the manner provided by general law" -- covers just about anything the Legislature wants to do.
The best legal challenge to table games, though, has nothing to do with any part of that sentence. In fact, the table game proponents are probably right. It will be difficult for a court to say that if the Legislature approves a table games bill, which it did, it is somehow a violation of something "in the manner provided by general law."
The best argument -- and one that I trust attorney Barry Bruce will stridently make -- is that it is illegal for only four counties to being allowed to vote on expanding a measure that was originally approved by the entire state.
It is ludicrous to argue that only Kanawha, Hancock, Ohio and Jefferson counties should be allowed to vote on the table games bill because that's where the racetracks are located. The legislation itself defeats that argument; proceeds from table games have been promised to every corner of the state in one fashion or another.
Further, the economies and lives of the people of every neighboring county will clearly be affected by what happens in each of the four racetrack counties, as will the crime rates, roadways, etc., etc.
In 2000, Al Gore lost his argument for a recount in the United States Supreme Court because he was asking that only a few counties in Florida be recounted. The Court ruled that in fact the entire state should be recounted, or nothing at all. (Nothing at all won.)
Gore was not allowed to pick and choose the counties he wanted recounted -- counties which he believed would likely come out in his favor. Nor should the gambling industry be allowed to pick and choose which counties should vote on table games, especially given those counties are prejudiced by the existence of the tracks themselves.
The Legislature, under the ambiguous and general wording of the 1984 lottery amendment, no doubt had a right to allow voters to decide whether to add table games to the state's panorama of games of chance.
But the entire state voted on the lottery amendment, and only the entire state can vote to expand the reach of that amendment, not just the people of four handpicked counties most likely to grant their approval.
The West Virginia Trial Lawyers Association this week changed its name, apparently believing a new monikor can erase the negative image created by years of opposing efforts to bring about meaningful tort reform and helping West Virginia achieve its status as a "judicial hellhole."
Its new name is the West Virginia Association for Justice. According to Legal Newsline.com, the West Virginia association "became the seventh trial lawyer group to change its name in the past year..."
The name change suggests some missed opportunities on what the trial lawyers could
have changed their name to and still remained more accurate about their achievements and purpose. For example, they could have chosen:
* The West Virginia Structured Settlement Society.
* The West Virginia Status Quo.
* The West Virginia Democratic Party.
* The West Virginia Chamber of Commerce.
* The Untouchables.
* The Boys Named Sue.
* Torts R Us.
* The Wizards of Laws.
* The Larry Starcher Fan Club.
Table games issue: The best argument
is being overlooked
Secretary of State Betty Ireland announced Tuesday that her office will publish a list of all charities registered in West Virginia and how much of their money received actually goes to the charity’s programs versus management and fundraising costs.
The new list will enable citizens to research charities when considering donating, and will be available on the SOS website, www.wvsos.com.
Ireland announces detailed list of charities on WVSOS website
