# State of W.Va. ex rel. Biafore v. Earl Ray Tomblin

> West Virginia Supreme Court · January 22, 2016 · 236 W. Va. 528

URL: https://www.frixlaw.com/law-library/cases/9821242

## Case

- **Full name:** STATE of West Virginia Ex Rel. Belinda BIAFORE, Chair of the West Virginia State Democratic Committee; And Stephen Davis, Linda Klopp, David Thompson, Linda Phillips, Stephen Evans, and Patricia Blevins, Members of the West Virginia Democratic Executive Committee for the Ninth Senatorial District, Petitioners v. Earl Ray TOMBLIN, Governor of the State of West Virginia; And Beverly R. Lund, Justin M. Arvon, Sue “Naomi” Cline, Tony Paynter, John Doe, and Jane Doe, Members of the West Virginia Republican Executive Committee for the Ninth Senatorial District, Respondents and State of West Virginia, by Its Attorney General Patrick Morrisey, Intervenor
- **Court:** West Virginia Supreme Court
- **Decided:** January 22, 2016
- **Citations:** 236 W. Va. 528; 782 S.E.2d 223; 2016 W. Va. LEXIS 27
- **Precedential status:** Published
- **Opinion:** Concurrence by Ketchum
- **Judges:** Workman, Ketchum, Loughry, Davis
- **Nature of suit:** Writ Application-Other
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9821242

## Opinion text

Chief Justice KETCHUM,
concurring:
I realize that my vote in this case effectively eliminates any chance of my being reelected to our Supreme Court. Nevertheless, I took an oath to impartially apply our laws and I promised .to set political favoritism aside. The statute in this case is clear. The appointment by the Governor is to be made from a list of persons submitted by the executive committee “of the party with which the person holding the office immediately preceding the vacancy was affiliated.” Senator Hall was a registered Republican when he vacated the office. So be it!
Therefore, I concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9821242. Public record. Not legal advice.