Curtis Capehart, policy director for Gov. Patrick Morrisey, speaks to the West Virginia House Energy and Public Works Committee at a March 24, 2025, hearing.
Gov. Patrick Morrisey has appointed his policy director’s college-student daughter, and political operatives linked to six-plus figures in spending to support his gubernatorial campaign, to a commission that plays a significant role in filling state judicial vacancies — with a vacancy looming on the state’s highest court.
One of Morrisey’s three appointments to the state Judicial Vacancy Advisory Commission made late last month is Gwyneth Capehart of Putnam County, a rising senior at Marshall University.
Curtis Capehart, policy director for Gov. Patrick Morrisey, speaks to the West Virginia House Energy and Public Works Committee at a March 24, 2025, hearing.
Capehart is a daughter of Curtis Capehart, policy director in the Governor’s Office under Morrisey and a previous deputy attorney general in the Attorney General’s Office for nearly seven years while Morrisey led that office as attorney general.
The appointment came on May 22, according to the Secretary of State’s Office, 31 days after West Virginia Supreme Court of Appeals Justice Beth Walker’s April 21 announcement that she would retire effective June 27. Walker is the court’s longest-tenured justice, serving since the start of 2017.
Another appointee selected by Morrisey on May 22 was Jason Huffman of ÂÒÂ×ÄÚÉä, state director of Americans for Prosperity-West Virginia. Americans for Prosperity-West Virginia is the state arm of a libertarian conservative political advocacy firm, Americans for Prosperity, that spent more than $582,000 to support Morrisey’s gubernatorial campaign over a six-month period, per a Gazette-Mail review of political expense reports.
Morrisey also appointed to the Judicial Vacancy Advisory Commission Michael Donnelly of Jefferson County, the chief operating officer and general counsel for Club for Growth, a conservative advocacy group. Club for Growth Action, which was founded as the independent expenditure wing of Club for Growth, spent over $13 million to support Morrisey’s gubernatorial candidacy, a Club for Growth Action affiliate boasted upon his election.
Criticism of Capehart appointment
Patrick McGinley, a government ethics expert and law professor emeritus at the West Virginia University College of Law, said Morrisey’s appointment of Gwyneth Capehart draws into question his commitment to ensuring the integrity, impartiality and fairness of West Virginia’s judges.
Drew Galang, deputy press secretary for the Governor’s Office, defended the Capehart appointment Thursday.
“It’s particularly important to have young West Virginians represented when making decisions that will affect the future of our state and judicial system,†Galang said in an email.
But McGinley said that while there are young West Virginians who might effectively serve on what he called “this important commission,†the Capehart appointment indicates he “only looked across the hall rather than make a serious effort to find a highly qualified young person.â€
McGinley suggested it appeared Morrisey ignored recent graduates of West Virginia’s colleges and universities, including Rhodes and Truman scholars.
“So much for nonpartisan West Virginia judges,†McGinley said in an email.
The Capehart appointment, for a term ending June 30, 2031, was noted at the bottom of a Tuesday evening Governor’s Office news release listing 14 appointments across agencies and commissions. The Governor’s Office said Capehart is an eighth-generation West Virginian, Winfield native and college senior who plans to obtain a doctorate degree in occupational therapy. Capehart is in Marshall’s Honors College.
Gwyneth Capehart and Curtis Capehart did not respond to requests for comment.
Huffman's history of support for MorriseyÌýÌý
Huffman contributed $250 to Morrisey’s gubernatorial campaign committee in June 2024 and has been an outspoken supporter of the first-year governor, according to a Morrisey campaign finance report.
Huffman said in an X post Tuesday he was “honored to be selected to serve on the Judicial Vacancy Advisory Commission.â€
“Excited to work alongside [Morrisey] to fill judicial vacancies with principled judges who respect the rule of law, exercise judicial restraint, and uphold the Constitution,†Huffman’s X account said.
Americans for Prosperity contributed just over $582,000 in independent expenditures to support Morrisey from November 2023 to May 2024, according to expense forms filed with the state Secretary of State’s Office.
Independent expenditures may be made by entities that advocate for or against a candidate or political party without limit under state law if they are not made in coordination with a candidate, financial agent or committee.
In April, Huffman released a statement in the final days of the state’s 2025 regular legislative session praising Morrisey for what he called “bold leadership.â€
“While this session was a solid start, now is not the time to rest on our laurels,†Huffman said in the statement. “It’s abundantly clear that much more must be done to swiftly enact policies that will allow West Virginia to reach its full potential. And we look forward to continuing working with policy champions to do just that.â€
Americans for Prosperity-West Virginia supported controversial legislation in this year’s legislative session that Morrisey requested and signed into law after the Republican-supermajority Legislature passed them.
Americans for Prosperity-West Virginia supported House Bill 2013, which removes civil service status and grievance access for future employees of the Bureau of Senior Services, Department of Administration, Department of Environmental Protection, Department of Revenue and Department of Veterans Assistance.Â
Current employees of those agencies who leave for another position within those agencies also will have their civil service status and access to grievance procedures stripped.
Huffman’s group also supported House Bill 2014, the centerpiece of Morrisey’s economic agenda for the session aimed at fast-tracking data center development in West Virginia.
The new law provoked opposition from local government leaders and advocates by prohibiting counties and municipalities from enforcing or adopting ordinances, rules or regulations that limit creation, development or operation of any certified microgrid district or high-impact data center project.
Curtis Capehart successfully lobbied the House Energy and Public Works Committee to support HB 2014 at a March committee meeting.
Huffman’s group also supported ultimately stalled legislation in Senate Bill 505, which would have established a fossil fuel-friendly formula for determining a utility’s rate of return for new electric generation.
“Patrick Morrisey is a principled leader who isn’t afraid to stand up to the status quo,†Huffman, a former West Virginia Republican Party operations director and West Virginia Senate policy analyst, said in a statement congratulating his governor’s race general election win in November.
Donnelly, Club for Growth Action support for MorriseyÌýÌý
Club for Growth Action, an independent expenditure-only committee known as a “super PAC†using the common acronym for “political action committee,†backed Morrisey in the governor’s race and spent $13.1 million, Club for Growth PAC, a committee that endorses and raises money for candidates, said after Morrisey was elected governor.
Club for Growth PAC and ÂÒÂ×ÄÚÉä-based Black Bear PAC spent heavily to support Morrisey through ads after endorsing him in a heavily contested Republican primary.
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Donnelly contributed $500 to Morrisey’s gubernatorial campaign committee in May 2023, according to a campaign finance report. The new appointee is an adjunct law professor at Regent University, a Christian university located in Virginia Beach, Virginia.
Donnelly is one of three attorneys Morrisey’s office said the governor appointed to the Judiciary Vacancy Advisory Commission from a slate of candidates submitted to him by the West Virginia State Bar, in line with state law.
The Judiciary Vacancy Advisory Commission is required to meet and submit a list of between two and five people to the governor within 90 days of a vacancy occurring or the formal announcement of a justice or judge of an upcoming retirement or resignation.
The commission is required to make recommendations in response to Supreme Court of Appeals justice, Intermediate Court of Appeals judge, circuit court judge and family court judge vacancies.
The governor is required to make an appointment to fill the vacancy within 30 days after receiving the list of qualified candidates or within 30 days after the vacancy, whichever occurs later.
The commission must consist of eight members appointed by the governor for six-year terms, including four “public†members and four attorney members. The governor must appoint attorney members from a list of nominees provided by the West Virginia State Bar Board of Governors.
Members serve without compensation, but commission members are entitled to reimbursement of travel and other expenses incurred during commission activities in accordance with state guidelines.
No more than four appointed members of the commission may belong to the same political party.
Morrisey's other judiciary vacancy panel appointmentsÌýÌý
The other public member Morrisey appointed to the commission along with Capehart and Huffman is Jeff Lyon of Summers County, who chaired the Republican Executive Committee there from 2016 to 2023 and mounted an unsuccessful campaign for county commissioner last year. Lyon has worked in the construction and appliance repairs field.
In addition to Donnelly, Morrisey appointed two other attorneys to the commission:
