Photo Courtesy of J. Alex Wilson — WV Supreme Court of Appeals Incoming Chief Justice Evan Jenkins has a virtual meeting with fifth-grade students at South Jefferson Elementary in Jefferson County on Dec. 2.

Photo Courtesy of J. Alex Wilson — WV Supreme Court of Appeals
Incoming Chief Justice Evan Jenkins has a virtual meeting with fifth-grade students at South Jefferson Elementary in Jefferson County on Dec. 2.

CHARLESTON — Justice Evan Jenkins, the incoming chief justice of the West Virginia Supreme Court of Appeals for 2021, said there was still work to do to restore faith in the judicial branch but the court is heading in a good direction.

“We’re going to get off the bench and get out into the public to not only share with public the reforms we put in place, but to reassure them that our commitment will continue and our work is not done,” Jenkins said in a phone interview talking about his goals for the next year.

Jenkins was chosen by his fellow justices to be the next chief justice according to a Nov. 20 announcement by the Supreme Court. He will succeed current Chief Justice Tim Armstead, whose turn as the court’s leader is up at the end of the year.

“It’s an honor to be selected by my colleagues to lead the court and our state’s third branch of government,” Jenkins said.

Traditionally, the chief justice position rotates between the justices on an annual basis. The court also selected Justice John Hutchison to serve as chief justice in 2022, meaning he will serve as acting chief justice whenever Jenkins is unavailable.

Jenkins, a former state lawmaker and congressional representative, was appointed to the Supreme Court by Gov. Jim Justice in 2018, placing former justice Robin Davis who resigned after being named in several articles of impeachment by the House of Delegates.

The impeachment process was borne out of investigations into spending by the court, use of court property for personal use, and the actions by former chief justice Allen Loughry that led to his federal conviction in 2018, proceeded by a resignation and plea deal by former justice Menis Ketchum.

By the end of 2018, both Jenkins and Armstead won special elections, and Hutchison was appointed to replace Loughry, who was released from a federal halfway house earlier this month after serving his sentence. Armstead won a full 12-year term in June, and Hutchison won a special election to fill the remainder of Loughry’s term. Both Jenkins and Hutchison will be up for full 12-year terms in 2024.

Since 2018, the Supreme Court has worked hard to win back the trust of the people. The court has returned more than $10 million in carryover funds to the state, reducing spending while not reducing services. New policies are in place to manage court inventory, monitor use of equipment and vehicles, and prohibit misuse of court resources. Instead of walling itself off from the Legislature, the court now works hand-in-hand with state lawmakers.

“My goal this year is to really continue rebuilding the public’s trust, following the Constitution, and working every day to make sure that the courts are fair just and impartial,” Jenkins said. “We are about two years into fixing the problems of the past, recovering from the mistakes of the old court, and charting a course that the public can have confidence in their judicial system.”

Part of that goal of restoring public confidence has been justices coming off the bench and interacting more with the public. The form of this outreach has changed much in the last 10 months of the COVID-19 pandemic and social distancing, but the effort has continued.

Justices, including Jenkins, have engaged in video livestream chats with school children across the state. Jenkins announced the launch of an educational video series in June called “And Justice For All,” explaining how the Supreme Court and the entire judicial system works, even addressing common questions the public has.

Justice Beth Walker has a podcast with three women justices in other states called “Lady Justice,” which tries to bring the court closer to the people.

“We must come off the bench and get more engaged with the public,” Jenkins said. “We need to explain how the courts work and reassure folks that everyone is treated fairly, equally and without bias.”

Even during the COVID-19 pandemic, the work of the court has continued. Jenkins said the Supreme Court rendered decisions in 757 cases so far in 2020 compared to 569 cases in 2019. While county courthouses have shut down from time to time due to positive coronavirus cases among court staff, the courthouses have been quickly cleaned, sanitized, and re-opened. Jenkins said he was proud of all employees of the judicial system.

“Through a lot of hard work from dedicated court employees, the judicial system never shut down,” Jenkins said. “We made sure that always throughout the state of emergency, matters were addressed as they should be. Our judges and magistrates and court employees have done an amazing job.”

The first doses of the Pfizer/BioNTech vaccine have been administered to the judicial system as part of phase 1-B of the state’s vaccine distribution plan. But much as how the court has used technology to engage with the public during the pandemic, technology is helping the judicial system keep working.

The Supreme Court has long livestreamed oral arguments, but now those hearings are being archived on YouTube. New attorneys in the state have been admitted to the bar through video livestream ceremonies. Through grant funding, the Supreme Court hopes to allow e-filing of workers’ compensations cases in order to expedite those cases and save money by cutting down on paperwork. In a pilot program in a few counties, victims of domestic violence will be able to apply for protective orders without leaving the crisis center or domestic violence shelters.

“This is a safety initiative, because now if you are in a county and you are an abuser of your spouse, the spouse has only one place to go and the abuser knows that,” Jenkins said. “Through this pilot and through the use of technology and through the investment that the court is making, we are creating new avenues to help protect domestic violence victims.”

Jenkins said the Supreme Court is still dedicated to its specialty court systems, including the adult and juvenile drug courts and the new family treatment court, creating by the Legislature in 2019.

The pilot program addresses court cases involving those with drug addiction issues and who are also involved in child abuse and neglect cases. The goal of the family treatment court is to help people get clean and also keep their families intact. Jenkins, who helped found Lily’s Place in Huntington which helps children born with neonatal abstinence syndrome, said he wants to focus in children and helping lower the state’s foster care numbers.

“It deals with the children and the focus is on the child and making sure the child has a safe and nurturing environment, so the family treatment court is a little more holistic,” Jenkins said. “The foster care system is being carefully reviewed with an eye towards making sure that our children are protected and well-served, with a goal of achieving permanency for that child in a safe, nurturing home as soon as possible.”

Jenkins hopes his year as chief justice will continue to cement the growing bond between the justices, judges, magistrates of the judicial brand, and the people they serve.

“Judges tend to think of themselves as needing to wall themselves off from the public; that justice needs to be behind closed doors, below the radar, and almost perceived to be under a cloak of secrecy. The judicial branch, I think, needs to dispel some of these stereotypes,” Jenkins said.

“Judges must come off the bench and engage in an appropriate manner, helping to educate the public and reassure the public about how the courts work, what the role of the courts are, and how we are dedicated to fairness and impartiality,” Jenkins continued. “Everyone needs to have confidence when they walk in the courtroom door that they’re getting a fair shot. If they don’t, we are in real trouble.”