Friday, December 5, 2008

Judge Staker

It's Friday morning early and yesterday was consumed by the trip to and from Huntington, for Judge Staker's funeral. I dropped my youngest off at school and just kept on going.

Judge Staker was appointed by President Jimmy Carter to be United States District Judge for the Southern District of West Virginia and took the bench in late September 1979. Before that, he had been a Circuit Judge in his native Mingo County for 10 years and before that, a private lawyer for several years in Williamson, Mingo County. When he became a Federal judge, he was just about the age I am right now. I, on the other hand, was a 23-year-old brand new lawyer, and as they say "I didn't know nuthin about nuthin."

I was blessed to be one of his first three law clerks. One of the others was a woman from Huntington who had "gone back" to school and had just finished - she was in her mid-thirties with a lawyer-husband and two small daughters. The other was a fellow from Buffalo, N.Y., who had sought out a clerkship by sending resumes to newly-appointed judges throughout the country. In some ways, we were an unlikely team, but it was fortuitous (at least for we three clerks) that we all were brought together. This was a dream job, the type of job that many told me "you will never get because you have no connections." Well....let me give credit where credit is due and say that God opened up a door for me there, no doubt -

Clerking for a United States District Judge was a wonderful entree into the profession of law. Clerking for this man, Judge Staker, in particular was an unbelievably wonderful experience. He was almost paternal but never patronizing in his desire to "bring us along" for the ride of establishing his new court. He was interested in us personally as well as professionally. It was the type of first job all of us can only hope to have - the type you would want your child to experience after all the dreaming, all the planning, all the hard work, all the expense of preparing yourself for "what you want to do when you grow up."

Although I haven't seen the Judge often since I left his employ in the early 1980's -clerkships generally are designed to be short-term positions, and all three of us were gone by about the end of 1982 - and I also haven't seen my two law-clerk colleagues often - we've kept in touch enough to stay connected. Not as much as I would have liked - but we've touched base. The Buffalo native now has three children, and went back to Buffalo where he practices tax law. The Huntington native and her husband raised their daughters and retired from the law and moved to the Charlottesville, Va., area, where he runs a B&B and she works as an editor for a small (non-law related!) publishing company. (They are said to be "recovering lawyers" :) And I am where am I am. I have to admit - sometimes when I'm on the bench, I hear Judge Staker's words coming out of my mouth. I hope that doesn't sound like I'm bragging - I'm a poor imitation of the man, but he did have an impact on me. During this year of career transition in my own life, I've often wanted to talk to Judge Staker, to get his insight and advice; unfortunately, his first stroke occurred shortly after the primary election, and he's been quite ill and mostly unable to communicate well since then. None of the three of us had gotten to see him since he fell ill - he was in a nursing home when he passed - but we got the word that he would prefer not to be seen this way and certainly we wanted to and did honor that.

The last time the four us had been together was September 30, 2005, when we celebrated Judge Staker's retirement. (I have a picture taken of us that day on my computer somewhere but can't find it right now! I will post it here if and when I am able to locate it - some of my friends out there have suggested I need to do a better job of posting pictures on this blog and I will try, promise.) He and his wife could have had dinner with anyone present but they sought the three of us out and invited us to be their guests. It's special to me that my youngest son, who was 8 and had never met the Judge, was with me. (Judge Staker was a wordsmith and my son took great pride in telling him that I had taught him to use the word "accoutrement" with the explanation that that was a favorite word of Judge Staker's! If you catch me in person sometime, ask me what the "accoutrement" was --)

It's poignant to think that the three of us might not be together again at the same place in this lifetime. Unless we just make it happen, considering the geographic distances, our histories of contact and the realities of life, it's hard to imagine how that might occur. But it was special to be together for those early years of our careers with Judge Staker, and it was special and appropriate for us to be together again yesterday to say farewell to this great mean who touched each of our lives so much.

Tuesday, December 2, 2008

December

Well, it's the last month here. My staff and I were a little melancholy yesterday, but not a whole lot of time for that since it was domestic violence day. Today, no hearings, and so we had a meeting this a.m. to plan out each day for the rest of the month. Tomorrow -- unless there's a surprise on one of the remaining DV days -- will be my final mega-mega hearings day. I start at 8:30 and will feel lucky if I'm done by 8:30 on the other end. Kellee, Judy and Chad (my Bailiff) already know I'm good for dinner in. My problem will be finding five minutes to wolf it down! And - forget lunch!

I'm not complaining. Maybe I am! But in a warped way I will miss days like tomorrow. Hmmm...something wrong there. Ah well!

My first boss, Judge Robert J. Staker, a great man, passed away late Sunday. He had been very ill since this summer. His funeral is Thursday in Huntington and I will be there. I was one of his first Law Clerks and the other two, Christ Gaetanos of Buffalo, N.Y., and Ginna Colburn who now lives in Charlottesville, Va., will join me along with many, many others I'm sure. Christ and Ginna and I had not been back together perhaps in 20 years until we met for Judge Staker's retirement reception September 30, 2005. After it was over, the Judge and his wife took the three of us out to dinner. Incredibly special time - not just then, but also working for him. It was a wonderful privilege to start my career under the tutelage of a mentor so knowledgeable and so caring.

Judge Staker's loss really makes me think back on this year. I have been very, very blessed in my life overall, and one of the particular ways is in my career in the law. While this year has handed me quite a setback - losing the election still smarts like the dickens - I cannot complain about the wonderful jobs I've had. I was told I would never get a clerkship in U.S. District Court and I did - and I have to thank God for it. Oh, I applied - yes, I made the effort - but the people who discouraged me were right to the extent that I shouldn't have had that honor and privilege. But I did. There have been other bumps in my career path beyond the loss of the election - but to have had the chance these past fourteen years to sit on the Family Court bench has been another impossible dream come true. And so, I look forward to the next opportunity, the next challenge, the next chance to serve. I don't mean to sound so noble but I do mean to sound positive.

This month will be devoted to finishing this job. I have several more hearings. I have about 6 files waiting for me to make decisions, some of them rather complex. There are files to clean out and things to take home. And, yes, there will be time devoted this month to the continuing job search. TWO new job possibilities were made known to me just today, and no less than six were presented to me during the month of November alone.

This month also is Advent and we will prepare for the Christmas celebration too, certainly, in our family, in our home, and most importantly in our hearts - our I will do my best to do that personally, anyway. By the way, we just had a wonderful Thanksgiving at my oldest son's (and his wife's) brand new home in Knoxville, Tennessee. The whole family was there, including my best friend and his wife with whom I've spent Thanksgivings since 1978! (Although their kids, my nephew and niece, who are now both old married people, weren't there - but we talked to them which was nice.) It was a great way to christen this home that he designed and did most of the finish construction work on. A lot of friends and family have pitched in and now they have a beautiful and comfortable new home.

Don't know how often I'll be posting this month. It will be busy! I am planning a celebration for my staff, for Christmas, to thank them for their incredible help during the campaign, to thank them for their good and faithful service to me and the Family Court and the public all these years, but most of all to just enjoy spending time with some pretty amazing people.

God bless everyone out there. Have a blessed Christmas season. That reminds me! We need to find the perfect tree - that'll be next on the agenda -

Saturday, November 22, 2008

Sr. High Convention

I am in Parkersburg attending my...let's see...38th Sr. High Convention in a row! God has been good to be, I've been able to attend every one since I became old enough to attend as a student. And, for seven years, I had the privilege of being an advisor to the planning team. Lots of great memories. The pastor of the church where this year's Convention is being held was one of the members of the first State Youth Committee (now called Youth Ministry Planning Team) I worked with! Wow, that makes me feel old...

Speaking of old, thanks to all who made my birthday on Wednesday a truly great day. My staff took me out for a terrific lunch and my wife kept up the tradition of making me (from scratch) a great German chocolate cake! Dinner with the family was wonderful and yes, I did get a gift or two. Lots of fun.

Tuesday was my last "regular" day of hearings. That's a little misleading, because I have domestic violence hearings every Monday through Dec. 29 except one; I have expedited hearings on December 10; I have a few clean-up proceedings on the morning of December 4; and on December 3 - forget it. I have over 40 contempt and modification matters set which will take me from early in the morning until late in the evening. But all of those are "special" or emergency-type hearings with a specific deadline under the law as opposed to the kind of regular scheduling we have always done. So when I hung up my robe on Tuesday evening about 6:00, it was kind of poignant, especially because no one else was left in the office at that point. I turned out the light and closed the door feeling like it was a point of closure - but not too sad, especially because I knew I was going to be treated nice all day the next day. Now doesn't that sound like a little kid? HA!

Some very, very interesting things happening on the job front. All I can say about that for now - again, sorry to be so mysterious. But speaking of mysterious - if I get a chance today during free time, I think I'll try to catch the new 007 movie. My son, who knows my taste well, told me he thinks I'll love it - that it's the first Bond movie where all the action makes sense, like it all really could happen the way it's portrayed.

Well, I've finished my coffee and it's time to get on the road. Oh - road, that reminds me, we are headed for Knoxville for Thanksgiving to enjoy the holiday with our oldest son and his wife in their brand new house which he designed! They are moving in this weekend and so we will celebrate the holiday and the completion of their home all together this week. Looking forward to that and hoping all of you have a blessed Thanksgiving -

Monday, November 17, 2008

Summit minutes

The regular meeting of the North Central West Virginia Regional Quarterly Judicial Summit was held at Firkin & Fox, Morgantown, on November 14, 2008. Present were regular members Judge Culpepper (host), Judge Born, Judge Fantasia, and Judge Crislip, and new members Judge Smallridge and Judge Tallman. Judge Longo was absent, having "forgotten to check her e-mail."

While there definitely was a social component to the evening and as they say "a good time was had by all," the serious business of the Summit (besides the naming of Judge Culpepper as "Consummate Jurist of the Quarter," complete with presentation of a lovely certificate suitable for framing or laminating) was the economic environment, particularly that related to the business of law and the judiciary. The importance of this obviously did not go unnoticed, for an article about this important meeting was a front-page headline in the Saturday, November 15, Clarksburg Exponent-Telegram - or at least, that story was about some summit somewhere which addressed some kind of economic issue of some sort.

Contrary to popular belief, there will be no "sunset of the summit" and the next meeting was set with Judge Fantasia to host.

Respectfully submitted,

Saturday, November 8, 2008

Post-Election

Well...my Family Court friends who were opposed in the general election all have joined me in the ranks of the unemployed. A disappointing exclamation point to a tough election year for Family Court incumbents! One of our judges won the primary for Circuit Judge in May and was unopposed this week, and another Family Court Judge who was appointed to the Circuit Court bench to fill a vacancy about 1-1/2 years ago won not only in the primary but also the general. But...any sitting Family Court judge opposed in the general election lost.

I'm bummed for my friends and frankly for the folks of our State. A lot of good folks were beaten and I'm not talking about myself now. A lot of experience, a lot of dedication - ah well.

Of course, I know that many people find themselves dissatisfied with the Family Court but there are a lot of unfair criticisms. When the issues are as close to the heart as family issues, I understand, I truly do. Still, I'm disappointed for my friends and hoping the best for them.

A friend of mine - not a judge or even a lawyer - did win a County Commission race in W.Va. against a long-time incumbent! Good for him!

Tuesday, November 4, 2008

Election Day

Hmmm...I sure don't want this to be all about me - 'cause it's sure NOT - but let me just say this day has been a little bittersweet. A pleasant day, all in all. Very nice weather-wise, 70's and sunny, and I got to spend the day at home with our youngest. Very glad I got voting out of the way last Friday and did not need to go to the polls today.

I'm certainly very concerned about the national elections, esp. the Presidency, but on a more personal note several of my friends are in contested races around the State for Family Court, Circuit Court, and other offices. Having "been there," I'm "with them" in spirit in a way I could never have been in the same way before my own campaign experience. Since I'm still not permitted to state public support for any candidate for any position (judicial ethics) I can't identify them by name but - you know who you are! I'm with you and hoping the best!

For me, even though I still regret losing in May, the best obviously wasn't to continue full time on the bench. Still not 100% sure what I will be doing after 1/1 but another interesting option has just presented itself - we'll see. I know I can be a Senior Status judge and definitely will do that unless I find myself in a full-time position which won't permit me to do that temporary and occasional work as well. I'm very interested in continuing to work toward improvement of the judiciary and have at least two potential opportunities career-wise in that area -

Looking forward to watching the election results this evening and then to other things further into November - let's just say it's my favorite month -

Saturday, November 1, 2008

Fall Back

Greetings from the finest place on Earth, Camp Cowen! Here with my youngest son's first church youth retreat. Didn't get here 'til 3:00 today, even though it started last night, due to the class I'm teaching on Saturdays at Fairmont State. It was quite warm during the afternoon and we got in a lot of four-square - one of my favorite sports. This evening it's cool. There were 3" of snow here earlier this week!

We get the extra hour of sleep tonight - going back to Standard Time. I'm going to enjoy that hour! It's just past midnight pre-fall back time and I'm going to hit the hay here shortly.

A couple of interesting developments on the job front...but as always, I can't be too detailed here for many reasons. Will keep you posted -

Election Day is Tuesday. I early-voted yesterday. Decided I didn't want to go to the polls this year - just felt better to get it done early.

Good night from Camp Cowen!