Kanawha County Circuit Judge Irene C. Berger resigned the week of Veterans Day because President Barack Obama signed her appointment to the federal bench in the Southern District of West Virginia. The U.S. Senate had confirmed her appointment on October 27 by a unanimous vote.

She was sworn in to her new position on December 11, 2009, by Joseph R. Goodwin, Chief U.S. District Judge of the Southern District of West Virginia.

Judge Berger, 54, was nominated by President Obama in July. She is the first black federal judge in West Virginia. She is a native of McDowell County who has served as a circuit judge since 1994. She previously worked as an assistant Kanawha County prosecutor and assistant U.S. Attorney.

West Virginia Supreme Court Chief Justice Brent Benjamin entered an order on November 12, 2009, appointing Senior Status Judge James O. Holliday to Judge Berger's position until the person Governor Joe Manchin III appointed to replace her could be sworn in.

Judge Holliday is a retired judge who served in the Twenty-Ninth Circuit of Putnam County.

Carrie Webster appointed to circuit bench in Kanawha County

Governor Joe Manchin III on December 2, 2009, appointed Charleston attorney Carrie Webster to the Kanawha County circuit court seat left vacant by President Obama's appointment of Judge Irene Berger to the federal court in the Southern District of West Virginia. Ms. Webster was to be sworn in by Supreme Court Justice Margaret Workman on December 28 in Courtroom Four, the historic courtroom in the Kanawha County Courthouse.

Ms. Webster had been a member of the House of Delegates since 2001, and chairwoman of the House Judiciary Committee since 2006. She resigned from the House on December 3. According to West Virginia Code Section 51-3-18, she had to wait twenty days from her appointment to take office. The law gives citizens that amount of time to challenge the qualifications or eligibility of any judicial appointee.

"I'm eager to get to work," Ms. Webster said. "I'm excited about being a judge and doing what a judge is supposed to do."

Ms. Webster was an associate with the Charleston law firm Bucci, Bailey & Javins. She previously was an assistant public defender in the Kanawha County Public Defender's Office from 1997 to 2000. She has a bachelor's degree in political science from West Virginia University and a law degree from the WVU College of Law.

She was born in Fairfax, Virginia, grew up in Moorefield, and has lived in Charleston since 1989. She is married and has one daughter.

Retired Judge Arthur N. Gustke dies

Retired Fourth Judicial Circuit Court Judge Arthur N. Gustke died Sunday, September 27, 2009, at his home. He was 80.

Judge Gustke was elected in 1974, and re-elected in 1976 and 1984.

After eighteen years as a judge in Wood and Wirt Counties, during which time he served as Chief Judge twice, he retired in 1992. Judge Gustke became a Senior Status Judge, serving by appointment around the state as needed.

"Judge Gustke was really devoted to youth, troubled young people," said Fourth Circuit Chief Judge Robert A. Waters. Along with his criminal and civil docket, Judge Gustke handled the bulk of the juvenile cases in the circuit.

"He spent countless hours, giving them better facilities and keeping them safe."

The Arthur N. Gustke Child Shelter in Parkersburg is named after him. It celebrated its thirtieth anniversary earlier this year, and the judge was able to attend, despite his poor health, said Steve Tuck, regional director of the Children's Home Society of West Virginia. The shelter is one of ten the society operates.

Judge Gustke was very supportive of children in the shelter, Mr. Tuck said. "He'd come over and play cards with the kids on a weekend night. He'd take kids to a football game in Morgantown. He'd bring things to the kids at Christmas, presents," Mr. Tuck said.

"He was a great leader. His interest was in the individual situation for kids."

Supreme Court Justice Thomas E. McHugh, who served on the Supreme Court during much of the time that Judge Gustke was on the circuit bench, also is a Director Emeritus of the Children's Home Society.

"We always talked of those issues when he and I were together. That was a pivotal point of his career and life," Justice McHugh said. "He will be missed because of his devotion to children's issues.

"He was a really excellent judge. He was just a very decent man."

Judge Waters said Judge Gustke was the first judge he ever practiced in front of when he became an attorney. Judge Waters later became a judge the year Judge Gustke retired.

"He was an outstanding judge," Judge Waters said. Even after his retirement, Judge Gustke continued to attend almost every meeting of the West Virginia Judicial Association, which he helped found. Judge Gustke also was an early president of the group, which provides continuing legal education for circuit judges.

"He always tried to stay up to date," Judge Waters said. Judge Gustke continued to teach at the Judicial Association meetings and at the National Judicial College in Reno, Nevada, after his retirement.

Fourth Circuit Judge J.D. Beane said Judge Gustke was a big encouragement personally to him when Judge Beane took office 2007. "As an attorney, it was a pleasure to practice law in front of him. He was dedicated and took his time," Judge Beane told the Parkersburg News and Sentinel.

Fourth Circuit Judge Jeffrey Reed, who succeeded Judge Gustke in 1992, said there are a number of practices at the Wood County Circuit Court which were originated by Judge Gustke, including starting trials on Tuesdays to allow court personnel to call potential jurors on Monday, as well as having certain hearings at certain times.

"I still use the same jury instructions he used," Judge Reed told the newspaper.

"There is so much that can be said about the man.... The community has lost a pillar."

Judge Gustke was the first recipient of the Nicely Award in 1994. He received the Distinguished Service Award in 1962, Citizen of the Year Award for Wood County in 1979, and the West Virginia University Emeritus Award.

Judge Gustke was a native of Parkersburg. He was a United States Army Signal Corps veteran. He graduated from Parkersburg High School in 1946, West Virginia University in 1953, and West Virginia University College of Law in 1956.

He was on the Board of the West Virginia University-Parkersburg Foundation and the Wood County Commission on Crime, Delinquency and Corrections.

Senior Status Judge Daniel L. McCarthy dies 

Senior Status Judge Daniel L. McCarthy died Wednesday, November 25, 2009, at his home in Bridgeport, Harrison County. He was 78. 

Judge McCarthy was born in Parkersburg on December 7, 1930. He was a veteran of the United States Navy and served during the Korean War. He was a graduate of Marietta College and a 1958 graduate of the West Virginia University College of Law.

Judge McCarthy started his law career as an assistant prosecuting attorney in Harrison County. He later was elected to the Harrison County Commission, where he served for twelve years. He also served as the Clarksburg City Attorney and on the Harrison County Airport Authority.

In 1983 he was appointed to the position of circuit judge in the Fifteenth Judicial Circuit of Harrison County. He was later elected and re-elected. He retired in 1996 and became a Senior Status Judge and civil mediator.

"We mourn the loss of a dedicated judge and a fine person," said Supreme Court Chief Justice Brent D. Benjamin. "Our thoughts are with Judge McCarthy's family. He will be missed."

Fifteenth Judicial Circuit Judge James A. Matish said, "Judge McCarthy was a great jurist, a gentleman, and an extremely compassionate human being. He had the patience to listen, to teach, and to be available at all times for the attorneys who appeared before him. He was a mentor for all the judges in Harrison County who have followed in his footsteps.

"He worked diligently mediating cases after his retirement. My deepest sympathy goes out to his family. His presence will be missed by all who worked with him throughout the years," Judge Matish said.

Judge McCarthy is survived by his wife, Janet; two sons; six grandchildren; and a sister.

Brooke County Magistrate Deborrah Lunsford dies

Brooke County Magistrate Deborrah K. Lunsford died on Wednesday, October 28, 2009, at her Wellsburg home of cancer. She was 57.

Magistrate Lunsford served from December 6, 1986, to December 31, 1992, and again from January 1, 2001, until her death. From her diagnosis in early May 2009, she worked in between her treatments. Senior Status Magistrates Nancy Means and Rose Humway filled in while she was away.

"She was known as being an outstanding public servant who never failed to volunteer to help people in need. Her sense of justice will be missed," said Supreme Court Chief Justice Brent D. Benjamin.

Supreme Court Administrative Director Steve Canterbury said, "She was a forward-thinker and crucial to the development of the highly successful community corrections program in the First Circuit."

"Magistrate Lunsford was dedicated to her position. She had a long battle with cancer. We will miss her," said Tucker County Magistrate Riley Barb, President of the West Virginia Magistrates Association.

Magistrate Lunsford was born January 3, 1952, in Wheeling. She was a member of the Franklin United Methodist Church in Wellsburg.

She is survived by her husband, James W. Lunsford; two sons; one daughter; two sisters; and four grandchildren.

New Brooke County Magistrate Sworn In

A former Weirton police officer was sworn in as the newest Brooke County magistrate on Wednesday, December 9, 2009.

Michael F. Fuscardo took the oath of office at the City-County Building in Wheeling, agreeing to fill the Brooke County Magistrate position left vacant by the death of Deborah Lunsford in October.

Fuscardo is a former Weirton police officer who was blinded in the line of duty nearly twenty years ago. According to court records, Fuscardo was responding to reports of littering when he confronted Samuel P. Lorello in his parked van. As Fuscardo approached the van, Lorello threw a combination of sulfuric acid and other caustic household products at Fuscardo, blinding and injuring him.

In November 1998, Fuscardo filled the unexpired magistrate term of Norma Tarr until December 2000, when he was defeated in an election for the post by Lunsford.

Fuscardo will complete the unexpired term of Lunsford until the May primary election.

"I'm proud to be back in the position, and I look forward to serving the citizens of Brooke County," Lunsford told The [Wheeling] Intelligencer.

Chief Circuit Court Judge Arthur M. Recht selected Fuscardo from a pool of candidates because of his proven track record.

"He did an excellent job during his time as magistrate, and I am confident in his abilities," Recht said.

Nicholas County Magistrate Robert Gordon retires, D. Wayne Plummer appointed to replace him

Nicholas County Magistrate Robert Gordon, Jr., announced his retirement September 1, 2009. His retirement was effective October 16. Magistrate Gordon, 61, of Craigsville, had served as a magistrate since July 1, 1997. He most recently was re-elected in November 2008.

Twenty-Eighth Judicial Circuit Judge Gary Johnson appointed Nicholas County Chief Deputy D. Wayne Plummer, 49, of Craigsville, to fill the vacant magistrate seat.

Deputy Plummer has never before sought or held elected office. He began work in his new job on October 19.

Deputy Plummer had worked for the Nicholas County Sheriff's Department for twenty-five years and previously worked for the Summersville Police Department for six years.

"In evaluating his experience, I believe Deputy Plummer has the intelligence, skills, and sense of fairness and impartiality that will make him an excellent magistrate," Judge Johnson said. "Over the years, I have observed that as a policeman he has exhibited fairness and has been an effective servant of the county for more than two decades."

Deputy Plummer said, "I have spent my professional life in Nicholas County. I am committed to its citizens. I would like to thank Judge Johnson for the appointment and for his confidence in me. I look forward to serving the citizens of Nicholas County in the capacity of magistrate, and I pledge to conduct the office with the honesty and integrity the citizens deserve."

 
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