CHARLESTON -- West Virginia Supreme Court Chief Justice Brent Benjamin will enter an order Nov. 12, appointing Senior Status Judge James O. Holliday to the vacant circuit judge position in Kanawha County.
According to a Supreme Court news release, Holliday will serve until Gov. Joe Manchin appoints a replacement, who will serve until the next general election. Benjamin has notified the governor of Holliday’s temporary assignment.
Holliday is a retired judge who served in the 29th Circuit in Putnam County.
Judge Irene C. Berger earlier this week notified Benjamin and Manchin by letter of her resignation from her position as judge in the 13th Judicial Circuit of Kanawha County because President Barack Obama signed her appointment to the federal bench in the Southern District Court of West Virginia.
U.S. Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., submitted Berger’s name for Obama’s consideration. The president nominated her in July. Berger has been on the Kanawha County Circuit Court bench since 1994.
Last month, the U.S. Senate confirmed Berger to a lifetime federal seat on the U.S. Southern District Court of West Virginia.
Jonathan Deem, Manchin’s general counsel and chairman of the selection committee to replace Berger, indicated the committee was awaiting Obama’s decision to move forward with a selection.
Deem also said the final seven candidates to replace Berger on the Circuit Court bench have completed final interviews before the selection committee. He said he expected an announcement of Berger’s replacement from the committee to be made shortly after Obama’s approval.
The final seven for consideration are Kathy A. Brown, Phyllis H. Carter, J. David Cecil, Katherine L. Dooley, John G. Hackney Jr., Joanna I. Tabit and Carrie Webster.
The candidates, all Democrats, will have to run again for their seat in 2010.
Dan Greear, a Republican lawyer who ran against and nearly unseated Attorney General Darrell McGraw in 2008, also has indicated he is eyeing a run for Berger’s seat, meaning the candidate appointed to fill the vacancy could almost immediately be in a race against Greear and two or more Democrats.
Webster, Brown and Tabit all have indicated they would run for the judgeship regardless of whether they are chosen.