Chief Justice Maynard appoints former Justice McHugh 
to fill in for Justice Albright

CHARLESTON, W.Va. – West Virginia Supreme Court Chief Justice Elliott E. "Spike" Maynard today appointed retired former Supreme Court Justice Thomas E. McHugh to fill in for Justice Joseph P. Albright during Justice Albright’s illness.

Justice Albright notified Chief Justice Maynard on Tuesday, September 9, that his doctors have advised him that he should not participate in the fall term of court. He plans to return to the bench in the January term. Justice Albright had an esophagectomy on July 28 and continues to recover at the University of Pittsburgh Medical Center Presbyterian Hospital.

Chief Justice Maynard today entered an administrative order appointing Senior Status Justice McHugh to replace Justice Albright until January, or until Justice Albright returns to the Court. Justice McHugh will begin work at the Supreme Court on Friday, September 12.

"The important thing is for Justice Albright to have a speedy recovery," Justice McHugh said. "I greatly respect the Court. It is an honor to serve in Justice Albright’s place during his period of recovery."

Justice McHugh was elected to the Supreme Court in 1980 and was re-elected to a second twelve-year term in 1992. He served as Chief Justice in 1984, 1998, 1992, 1995 and 1996. He retired on December 31, 1997. Since then he has practiced law with a son, one of his four children, in the Charleston law firm of Allen, Guthrie and McHugh.

Justice McHugh was born in Charleston on March 26, 1936, and is a graduate of West Virginia University and the West Virginia University College of Law. In law school he was a member of the Order of Coif, a legal honorary, and was associate editor of the West Virginia Law Review. He then served as law clerk to West Virginia Supreme Court Justice Harlan Calhoun from 1966-1968. He was elected judge in the Circuit Court of Kanawha County 1974, re-elected in 1976, and served as chief circuit judge from 1974 to 1980.

The Court is extremely grateful to Justice McHugh for serving as a justice once again.

"Justice Tom McHugh is extremely busy with mediation and a very active law practice and it is a real sacrifice for him to stop all those activities, give up the income, and come back to serve once again on the Supreme Court," Chief Justice Maynard said.

"I am delighted to get to work with Justice McHugh again," said Justice Robin Davis. "The choice by Chief Justice Maynard once again shows how accomplished he is at doing the right thing for the court and the best thing for the entire state."

Justice Brent Benjamin said, "I look forward to serving with Justice McHugh over the next several months. He is a fine jurist and an outstanding individual. We all appreciate Justice McHugh accepting this appointment to again serve the people of West Virginia and this Court."

Justice Larry Starcher said, "I think the Chief Justice selected the finest jurist available to sit on behalf of Justice Albright. I know that Justice Albright will be pleased."

Justice Albright’s letter to Chief Justice Maynard arrived as the Court was preparing to return to the bench for the afternoon argument docket. Because justices cannot vote on cases unless they participate in arguments, Chief Justice Maynard postponed the argument docket for that afternoon and the motion docket and the argument docket scheduled for the next day, September 10, to allow him time to find a replacement for Justice Albright. Justice Albright previously had indicated he would participate in cases this term.

"I am extremely happy that Justice Albright is improving. He is improving dramatically," Chief Justice Maynard said. "Anyone who knows Joe Albright knows he is a very strong and determined individual, a fighter, and hopefully he will make a full and speedy recovery and be back at Court in January. We wish him well. "

Justice Benjamin echoed the sentiment, adding, "We are encouraged by Justice Albright’s progress and look forward to his return to our Court."

Chief Justice Maynard also noted that cases which were postponed already have been rescheduled within the current fall term of court. All cases that were originally scheduled during the fall term will be argued and decided this term; there will be no delays because of Justice Albright’s illness.

Unfortunately, because this week’s cases had to be rescheduled, the Court will not be able to hold an argument docket on September 23 at Marshall University as previously planned. Instead, the Court will hear cases scheduled for that day, and others, in the Supreme Court Chamber in Charleston.

"The entire Court very much enjoys the docket at Marshall University. The people there are so gracious and warm. It has become one of the highlights of our year," Chief Justice Maynard said. "We deeply regret the trip had to be canceled this year."

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