During the May 12 primary election, voters will elect two justices to fill vacancies on the West Virginia Supreme Court of Appeals. The race is nonpartisan.Ìý
In Division 2, Justice Thomas H. Ewing and Delegate Bill Flanigan, R-Ohio, are running to fill the vacancy left on the court when Justice Beth Walker retired in June 2025. Ìý
West Virginia Supreme Court Justice Thomas H. Ewing
Courtesy photo
Ewing served as circuit court judge in Fayette County for eight years before Gov. Patrick Morrisey appointed him to the high court to fill Walker’s vacancy. Former Gov. Jim Justice appointed him circuit judge in 2018 and he was elected to that role in 2020 and 2024.Ìý
Ewing said his circuit court experience has so far been invaluable as a new justice, at times enabling him to better discuss with other justices the decisions circuit judges have made.Ìý
Ewing said he could have stayed in the “comfort zone†of circuit court without having to run a statewide race this year, but he wanted to have an impact on the whole state rather than just his local community.
“For me, it’s an opportunity to serve at a greater level, have a greater impact,†he said. He also said his skills of research and writing are better suited for the job of Supreme Court justice.Ìý
“I never imagined, saw myself as a trial attorney or being in the courtroom,†Ewing said. “That’s not really what I wanted. I was more of the person who is there (doing) the research, writing. I love writing. I love explaining the reasoning, and pulling all the law together and demonstrating on paper how I got to the decision.â€
While on the bench in Fayette County, Ewing presided over adult treatment court and started and presided over the county’s Family Treatment Court, Teen Court and its Truancy Diversion Program, his biography says.
While Ewing was appointed by Morrisey, he said it wouldn’t stop him from being fair and impartial, even if it meant issuing a ruling the governor doesn’t like.Ìý
“I took an oath as a judge and now as a justice to uphold the Constitution of the United States and the Constitution of the State of West Virginia,†he said. “And so my first and foremost duty is to the rule of law. In my oath, I didn’t pledge allegiance to any person, party, agenda. And so my role, and really my duty, is to the rule of law.Ìý
“I also have a second duty to uphold the independence and integrity of the judiciary,†he said. “So for me, my personal integrity is of utmost importance, because if I don’t have personal integrity, then how am I going to uphold the integrity of the judiciary?â€
Delegate Bill Flanigan, R-Ohio
Delegate Bill Flanigan, R-Ohio
Courtesy photo
Flanigan, a Wheeling attorney, was first appointed to the House of Delegates in 2016, a Republican representing Monongalia County. At the time, a cancer diagnosis kept him from running for election to the role.Ìý
His family moved to Ohio County after so his son could take part in a program for students with dyslexia. Flanagin was elected to the House of Delegates in 2024 and currently represents Ohio County.
Flanigan said his experience crafting and debating laws as a delegate, and litigating laws as attorney, have shown him the vastly different ways that laws are applied throughout the state.Ìý
Flanigan describes himself as a constitutionalist. He said as a lawmaker, he so often heard that a bill is constitutional “until a judge says otherwise,†that he decided he should be the one on the bench deciding whether something is unconstitutional.Ìý
He said late Supreme Court Justices Tim Armstead and William Wooton suggested to him separately that he consider running for the high court.Ìý
“So the next time it came around, I was looking at the two races, and I was really disappointed to think that we could have another unopposed election come through on a state race,†Flanigan said. “And my wife and I talked about it, and she said, ‘You know, you’re not getting any younger. Why not go and do it if you think this is something you want to do?’ So I took the lead and I jumped in.â€
As part of his campaign, Flanigan is traveling to every county in the state.
“I believe that all of our citizens deserve that,†he said. “They deserve somebody that’s going to be there working that hard. Yeah, and I, I believe that I will and I can.â€
While Flanigan served in the House as a Republican, he said as a justice, he would not have difficulty being impartial, even if it meant disagreeing with his own party.Ìý
“If you look at my voting record, I will not always support things just because the party said that that’s what they wanted done,†he said. “I looked at things, I would always try to be fair and impartial, even as a delegate. I want to make sure that all of our laws are applied to all the citizens of the state equally. I think that’s something that is very important to me, and it’s a definite goal that I want to represent when I get in.â€
West Virginia Watch is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.