The May primary will decide key positions on the state Supreme Court and Intermediate Court of Appeals as candidates highlight their judicial philosophies and qualifications.
Category: Politics
CHARLESTON – Voters in West Virginia are gearing up for a consequential primary election in May 2026, which will serve as the general election for two races on the West Virginia Supreme Court of Appeals and one for the Intermediate Court of Appeals. This election marks a key moment for the state's judicial system, particularly as the newly established Intermediate Court aims to alleviate the caseload of the state Supreme Court.
The West Virginia Intermediate Court of Appeals (ICA), created by the Legislature in 2021, began hearing cases in 2023. Its establishment was intended to allow the Supreme Court to concentrate on precedent-setting legal cases. In 2024, voters elected the first ICA judge, Ryan White, for a 10-year term. This May, they will have the opportunity to elect the second of three judges on the ICA.
Dan Greear, one of the original judges on the ICA, is running for re-election as the court’s chief justice. Greear, who previously was a Kanawha County Circuit Court judge and was a Republican candidate for attorney general in 2008, emphasizes a philosophy of judicial restraint. "My judicial philosophy is that of judicial restraint," Greear said. "A judge should respect and follow the policy decisions as announced in the text of legislative enactments. The judge must also make sure that the legislation fits within the guidelines of the Constitution." He added that the meaning of the text when enacted is of utmost importance and cautioned against judges imposing their personal beliefs on the law.
Greear's opponent is Jim Douglas, an 11th Family Circuit Court Judge. Douglas has focused his career on family law since first being elected in 2016 and re-elected in 2024. He previously operated a law practice and was the prosecuting attorney in Braxton County. Douglas is passionate about his qualifications, stating, "My entire career has been dedicated to Family Law. Nothing, nothing, is more important to a continuing civilized society than families and children." He argued for the necessity of experience by comparing it to various professional scenarios: "Would you want a veterinarian to treat your daughter for an abscessed tooth? Would you want your son to get the oil in his truck changed by a spa masseuse?" Douglas concluded, "West Virginia families want me on the ICA; they need me on that ICA; the children have to have me on the ICA."
In addition to the ICA race, voters will also decide on the future of the West Virginia Supreme Court, where two justices are vying for their seats. The Division 1 contest will determine whether the justice appointed by Governor Patrick Morrisey remains on the bench or if a new candidate will follow in the footsteps of the late Justice Tim Armstead. Armstead, who passed away in August 2025 from cancer complications, had a distinguished career, serving in the West Virginia House of Delegates for 20 years and as House Speaker.
Following Armstead's death, Morrisey appointed Charleston attorney Gerald M. Titus III to fill the vacancy until the May special election. Titus is now in a five-way race to serve the remainder of Armstead’s term, which runs through 2032. Titus emphasizes a strict adherence to the law, stating, "As a Supreme Court Justice, my job is to apply the law as written and to faithfully adhere to the United States and West Virginia Constitutions." He believes it is imperative for the judiciary to avoid policy-making and to focus solely on the law.
Meanwhile, in the Division 2 contest for the Supreme Court, the winner will complete the term of Justice Elizabeth "Beth" D. Walker, who retired last June. Morrisey appointed former 15th Judicial Circuit Court Judge Thomas H. Ewing to succeed Walker temporarily. Ewing is running against state Delegate Bill Flanigan for the position. Ewing, who has presided over various specialized courts, including family treatment and teen courts, stated, "My judicial philosophy is grounded in three core principles: upholding the rule of law, getting the decision right, and treating every person with dignity and respect." He underscored the importance of maintaining the integrity of the judiciary and making decisions based solely on the law.
Flanigan, who is also an attorney, brings legislative experience to his campaign. He noted, "I bring both legislative experience and a strong commitment to constitutional principles to this race. As an attorney and current member of the state Legislature, I’ve dedicated my career to upholding the rule of law, protecting judicial integrity, and ensuring that every West Virginian’s voice is heard."
The upcoming primary election is not just about filling judicial positions; it reflects broader themes of judicial philosophy and the role of the courts in society. Candidates are making their cases to voters, emphasizing their qualifications and their visions for the judiciary's role in West Virginia.
As the May election approaches, the stakes are high for candidates and voters alike. Judicial elections can significantly shape the legal framework within which West Virginians live and work. Candidates like Greear, Douglas, Titus, Ewing, and Flanigan are vying for their positions and engaging in a larger conversation about justice, legal interpretation, and the responsibilities of the judiciary.
With the election just around the corner, West Virginians are urged to educate themselves about the candidates and their philosophies. The decisions made in this primary will have lasting impacts on the state's judicial system and the interpretation of laws that govern everyday life.
As the candidates prepare for the final stretch of their campaigns, the focus remains on the fundamental question: what kind of judiciary does West Virginia want? The answer will be revealed at the polls this May.