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May 14, 2008
Workman, Ketchum win; Maynard out

Supreme Court Chief Justice Elliott "Spike" Maynard lost his re-election bid Tuesday night, as former Justice Margaret Workman and Huntington lawyer Menis Ketchum captured the Democratic nominations for two open state Supreme Court seats.

With 82 percent of the vote counted, Workman and Ketchum were declared winners by The Associated Press. They will face the only Republican in the race, Charleston lawyer Beth Walker, in the November general election.

"I feel very grateful because I feel the message I've been getting out is resonating," said Workman, who was the first woman to win statewide office in West Virginia when she was first elected to the Supreme Court in 1988.

With 1,553 of 1,894 precincts reporting, Workman had 149,269 votes, or 36 percent. The Associated Press called her one of the winners at about 10:30 p.m. and declared Ketchum a winner at midnight.

Ketchum had 114,943 votes, or 27 percent. Despite about a half-million dollars spent on his behalf by the state Chamber of Commerce, Maynard was barely holding on to third place over West Virginia University law professor Bob Bastress. Maynard had 81,373 votes, or 19 percent, to Bastress' 74,025 votes, or 18 percent.

"I did not expect to do near as well as I did," Ketchum said from his Huntington residence.

Just months ago Maynard, a Mingo County native, was expected to easily win re-election to another 12-year term on the state's highest court. But in December, pictures surfaced of Maynard vacationing on the French Riviera and in the principality of Monaco with Massey Energy chief executive Don Blankenship.

Before that, Maynard had ruled on a number of cases involving Massey. Some cases were pending when the photos were taken, including an appeal of a multimillion-dollar verdict against Massey - the case in which lawyers filed the photos of Maynard and Blankenship.

Since then, the chief justice has recused himself from hearing Massey-related cases. He has said his longtime friendship with Blankenship was well known and had no bearing on his rulings, and the two just happened to meet while both were vacationing in Europe.

"[The election results are] sending the message that the public wants a court that is judicial," Ketchum said. "A court that is not involved in politics. A court that's even-handed for all the people."

Workman said she would let others comment on that.

Tuesday evening, Maynard's spokeswoman said the chief justice planned to watch election results from his Charleston residence. Calls to her later for comment were not returned.

Workman said she wasn't overconfident on Election Day, but had noticed a good reception from voters in recent weeks.

"I did feel from my travels around the state a good, positive feedback," she said.

The race for the two vacant seats appears to have been the most expensive campaign this year.

In their pre-primary expenditure reports, Maynard reported raising $586,873 in contributions and spending $324,461.

Ketchum noted the state Chamber of Commerce spent more than $500,000 on behalf of Maynard.

"I really believe everybody just wants fairness on the court," he said.

Ketchum didn't raise as much as Maynard, but spent more. He reported having $546,727 in his campaign coffers, including $190,000 in personal loans, and spending $452,658.

Workman had $644,550 in her campaign coffers, including $603,500 in personal loans, and spent $130,952. Bastress reported having $123,736 to spend, with $50,000 of that from a personal loan, and spending only $8,954.

Workman said Tuesday night that she actually spent less than her three opponents.

There was also a lot of outside money spent on the race. Third parties disclosed spending more than $617,000 in advertising, promoting or targeting the four judicial candidates.

One labor group, the West Virginia Building and Construction Trades Council, spent more than $172,909 on advertising seeking to remind voters of the vacation photos showing Maynard and Blankenship.

On the other side, the state Chamber of Commerce plunked down more than $416,000 on an ad campaign in defense of Maynard, the sole incumbent running. Its Harrison County affiliate has spent another $1,842 on newspaper ads, while the anti-abortion group West Virginians for Life has supported Maynard's candidacy with $8,900 in mailings.

The state AFL-CIO also targeted Maynard with mailings to its members, while the political action committee for West Virginia's Medical Association, which represents doctors, purchased a number of TV and radio spots promoting Maynard's candidacy.

To contact staff writer Tom Searls, use e-mail or call 348-5198.

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