The division 2 seat became vacant last year with the retirement of former Justice Beth Walker. The term expires in 2028.  

Flanigan, a Wheeling attorney, was first appointed to the House of Delegates in 2016, a Republican representing Monongalia County. He was again elected to the House of Delegates in 2024 and currently represents Ohio County.

Morrisey appointed Ewing, a former Fayette County Circuit judge, to Walker’s Supreme Court seat in August. 

Ewing, a Fayette County native, was first appointed to circuit court in 2018 and retained the judicial seat after winning elections in 2020 and 2024.

Flanigan: ‘Duty is to the Constitution’

In a statement late Tuesday, Flanigan said the state spoke clearly and that he’s deeply humbled and honored by the win. 

“From the very beginning, this campaign focused on the importance of judicial independence, equal justice under the law, and restoring confidence in our institutions,� he said in the statement. “Those principles will guide me every single day on the bench. A judge’s duty is not to political pressure, public opinion, or personal ideology. 

“A judge’s duty is to the Constitution, to the law, and to the people of West Virginia,� he said. 

In the race to fill the unexpired division 1 term, retired Raleigh Circuit Court Judge H.L. Kirkpatrick won over Morrisey-appointee Gerald Titus. 

Kirkpatrick, who served on the bench in Raleigh County for 30 years, will complete the term of the late Supreme Court Justice Tim Armstead, who died  in August 2025 at age 60 after being diagnosed with cancer. The term ends in 2032.

Titus, a ÂÒÂ×ÄÚÉä attorney whom Morrisey appointed to the role in November, was the second highest vote getter in the race. Titus most recently worked at the law firm Spilman Thomas & Battle.

Kirkpatrick capitalized on social media outreach

Reached Tuesday night, Kirkpatrick said Titus called him to concede the win before the AP had called the race. Kirkpatrick said he believes his campaigning on social media made the difference in the race. 

“We really worked hard on Facebook and YouTube and even Instagram and Tiktok and all of the venues that we could use,� Kirkpatrick said. “You know, they’re not very expensive, and we were getting the message out to hundreds of thousands of folks.�

Kirkpatrick dismissed a suggestion that the losses by Morrisey-appointees Ewing and Titus was voters pushing back against the governor. 

“I know that Mr. Flanigan worked really hard, and I know I’ve worked really hard, and that may just have been the difference,� he said.

Why it matters

Hundreds of thousands of dollars were poured into the Supreme Court races. Black Bear PAC, which has been linked to Morrisey, reportedly spent $125,000 on media to support Titus and Ewing, according to West Virginia MetroNews. First Principles PAC, which has been linked to conservative activist Leonard Leo, spent hundreds of thousands of dollars in the race supporting Titus, according to reporting by Mountain State Spotlight.

Berkeley Court Circuit Court Judge Laura Faircloth, Raleigh County Circuit Judge Todd Kirby and Wheeling attorney Martin Sheehan were the third, fourth and fifth vote-getters in the race, respectively.