Why are you pursuing a seat on the WV Supreme Court?

Todd Kirby (TK):   There are a lot of reasons why I feel called to be the next Justice of the Supreme Court, but I will share with you the ones that are most important to me. Having been born and raised here, and now raising a family here, I feel an overwhelming obligation to give back to the amazing people of this state. I want to contribute to the part of this state’s history that has yet to be written, one in which West Virginia is the best place to live, work and raise a family.

While I do not necessarily consider myself all that young, I am part of a new generation of West Virginians who are not satisfied with the status quo and the same tired ideas and pecking orders that have not served this state well.

The people of this state are what makes this state so amazing and I believe the Court should be representative of the people it represents. My conservative values align with the overwhelming majority of our voters and I think it is important that they have that choice on the ballot in May.

God has blessed all of us with our own unique skill sets, talents and attributes, and we should use them to fulfill our purpose and role within His plan. While it is a bit overwhelming at times, I try to wake up everyday and give it my all to make my community and my state a better place to live and raise a family. That is the main motivator behind this run and my passion to serve generally.

How would you characterize your judicial philosophy?

TK:  I see my role as a judge to be one of interpretation and not legislating from the bench. The Constitution and our laws mean what they say, and it is not the role of judges to revise, transform, or bend them to fit personal preferences or political outcomes. I believe that respect for the law, precedent, and our Constitution is what preserves our Republic and ensures liberty for the people.

Policy choices belong to the people and their elected representatives—not the judiciary. When courts stray into policymaking, they threaten our system of checks and balances and undermine the essential separation of powers among the three branches of government.

I serve and will continue to serve with humility and fairness. Coming from a working-class background, my courtroom is a place where every litigant—powerful or powerless—receives the same respect and the same application of the law. Justice is not about who has the most resources or power, but about applying the law evenly and without favoritism.

The guiding light within our judiciary should be the understanding that our fundamental rights come from God and that they must be given their due respect. This basic truth plays a pivotal part in the way I analyze cases and my worldview generally.

 

Which sitting U.S. Supreme Court Justice do you most admire and why?

TK:  The current justice that I admire the most is Justice Clarence Thomas. I respect him both for his judicial reasoning and thorough understanding of Constitutional principles as well as his resilience and boldness.

Some of my first memories of watching the evening news with my parents was during the time that he was going through the Senate confirmation process. I can remember many people, especially the talking heads on tv, saying that he should just throw in the towel because of how he was being treated and what his family was going through. However, Justice Thomas did not waiver, he did not flinch and he overcame the bully tactics and smear campaigns that were designed to derail the confirmation of the first conservative African American Supreme Court Justice. How lucky our country is that Justice Thomas did not give up during those shameful events in our nation’s history.

From a judicial perspective his boldness has served him well by giving him the courage to stand alone in his positions when his principles require him to do so. I also admire his respect and reverence for the Constitution and his stance that the rights it protects are sacrosanct and not susceptible to the whims of time or new modern interpretations.

 

Your campaign website speaks about constitutional conservatism and the need for judicial restraint, such as refraining from legislating from the bench.  Would you cite an example from the past 10 years that you would characterize as judicial activism?

TK:  I am not permitted to speak on specific cases, however I think that most people know judicial activism when they see it.  Most examples involve a judge disregarding the Constitution, the rule of law or the separation of powers. When a judge or justice fails to act within the confines of our Constitutional framework that is judicial activism.  If a judge inserts their opinion in place of a duly-elected legislative body or the executive branch then that judge has acted outside of their authority. Unfortunately, we have seen a rise in these instances over the past few years as politics and public pressure have seemed to trump the rule of law within some courts.

As a justice I will never bow to political or public pressure when deciding cases.

 

What past experiences have you had that make you uniquely qualified for a seat on the West Virginia Supreme Court? 

TK:  My past experience as a guardian ad litem for children, counsel for parents, counsel for extended family and as counsel for foster parents within our abuse and neglect system gives me a unique perspective as to how these cases affect each person involved.

I have also prosecuted abuse and neglect cases, participated in family treatment courts and now I oversee abuse and neglect cases and adult treatment court as a judge. While in the legislature I served on the House Judiciary Committee where I had the opportunity to become intimately familiar with virtually every aspect of our state code. I’ve seen our state courts from every possible position as an attorney and as a judge and I have the experience of also writing, amending and improving our laws as a delegate.

This wide range of experience within our legal system coupled with my undeniable fidelity to our Constitution make me the right choice for this state at this moment in history. My passion for truth, justice and the rule of law will serve this state well if I am elected as the next Supreme Court Justice.

 

There are many issues with the CPS program in WV, as indicated by the many bills before the Legislature this session. As you have extensive experience working with neglect and abuse cases of WV children, how would you explain your philosophy of the family unit and the state's responsibility toward the welfare of vulnerable children?

TK:  My view on the family unit is that it is the single most important part of our society. The Constitutional rights of parents are one of our most fundamental and precious rights as Americans for good reason. At the same time, we have an obligation to protect vulnerable children from abuse and neglect. Balancing a fit parent’s Constitutional rights with the duty to protect children is the most important and most difficult part of my job as a judge and I take it very seriously. Years of balancing these rights have prepared me to be the next Supreme Court Justice.

I personally believe that the state should be ensuring that we have safe parents, not perfect parents. It is not the right of the state to tell a fit parent how to raise their child and the state should only remove a child when it is absolutely necessary and it is done so pursuant to the law and the state and federal constitutions. We should be doing everything we can to keep children in their home while also ensuring that families are receiving all of the resources the children need to thrive in a safe and loving home. Our specialty courts and treatment courts are a great example of how these cases can be successful for all parties if there is a clear set of goals and available resources to make them a reality.

When the actions or inactions of a parent warrants termination of their parental rights then courts should not hesitate to make those tough decisions. Dragging cases out unnecessarily can be just as disruptive for a child as the removal itself. Our kids deserve a permanent home or to be reunified within a reasonable amount of time, that should be the goal across every courtroom in our state.

 

Part of your platform is about restoring public trust in the courts.  Where do you identify the biggest problem in this area and how would you seek to implement a solution? 

TK:  Our state, including our court system, has seen its fair share of examples that have eroded public confidence in our government. This has created division and mistrust between the courts and the people they serve. Currently the public’s biggest concern seems to be centered around our foster care system and CPS. This is understandable based on some of the tragic stories that have come to light, and the people are rightfully demanding accountability and change.

We have all heard the stories where not enough was done and others where it seems that the state was heavy-handed in their approach. These cases are difficult and it is easy to cherry-pick cases to paint the entire system as problematic or unredeemable. However, I can tell you that there is hope and there are many people who will not stop until real progress is made on this issue. It is just a matter of redoubling our efforts and focusing on common sense solutions and practices that are proven to work, instead of relying on outdated ideas just because that is the way it has always been.


In what way do you think Constitutional freedoms are being eroded in America and West Virginia in particular?  What do you see as the solution for protecting these liberties? 

TK:  You do not have to look far to see real and imminent risks to our most basic constitutional rights. That is something that every citizen should be watching diligently. Anytime that a group of citizens’ rights are violated it is a real and present danger to all of our rights. Based on the rules that govern my speech as a judge and as a candidate I will refrain from naming specific examples based on the fact that those issues may come before me as a judge or as a Supreme Court Justice.

I will just add that unlike many judicial candidates I have a record that voters can review and I encourage them to do so for every candidate. Actions speak louder than words and I am proud of the mark I have made when it comes to standing up for our Constitution and the rights it protects.

 

What is the best way for people to connect with you to ask questions and support your campaign? 

TK:  The best way for people to contact my campaign is through my committee’s facebook page; Kirby for WV. You can also reach my team at kirbyforwv@gmail.com and at kirbyforwv.com .

If you like what my campaign stands for and you believe in a better Mountain State please join our team today. We can absolutely use whatever God-given talents and skills you have, and based on your comfort level we will find the perfect position for you within our team.