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West Virginia Supreme Court of Appeals justices defeated for the first time since 2016


Two incumbent West Virginia Supreme Court of Appeals justices were defeated in nonpartisan elections on May 12, 2026.

Gov. Patrick Morrisey (R) appointed justices Tom Ewing and Gerald M. Titus III in 2025 to complete the terms of justices Beth Walker and Tim Armstead, respectively. Both incumbents ran unsuccessfully to complete those terms. 

The last time a West Virginia justice lost re-election was in 2016, when Walker defeated incumbent justice Brent Benjamin. This was the only other time a justice lost re-election since the state's judicial elections became nonpartisan in 2015.

Bolts Magazine's Daniel Nichanian wrote, "The elections are ostensibly nonpartisan, but most candidates on the ballot have ties to GOP politics. "[2] Mountain State Spotlight’s Henry Culvyhouse wrote, “How the new judges will steer the state’s high court remains to be seen. Flanigan … has broken ranks with his party before … Kirkpatrick said he would fit in with the current makeup of the state Supreme Court.”

State Delegate Bill Flanigan (R) defeated Ewing 58% to 42%. Both described themselves as conservatives, with Ewing's campaign website calling him "The Common Sense, Conservative Choice" and Flanigan's campaign website calling him a "Constitutional Conservative."

  • Ewing said his judicial philosophy "is grounded in three core principles: upholding the rule of law, getting the decision right, and treating every person with dignity and respect."
  • Flanigan said of his judicial philosophy, "The West Virginia Supreme Court is the final authority on the meaning of our Constitution... Judges interpret the law. They do not rewrite it. They do not legislate from the bench."

Flanigan’s term ends in 2028, when he will be up for election for a full 12-year term.

H.L. Kirkpatrick defeated four other candidates, receiving 31% to the second-place finisher Titus’ 26%.

  • Titus said of his judicial philosophy: "I believe in the rule of law, judicial restraint, and upholding the Constitutions of the United States and West Virginia. The role of a Justice is not to make law or policy, but to apply the law as written—fairly, independently, and without bias."
  • Laura Faircloth was a judge for the Twenty-Seventh Judicial Circuit Court. She said: "Judicial officers must preside without bias or prejudice, balance truth and fairness, and responsibly exercise the power of the judiciary – which sometimes requires punishment, accountability, and restitution."
  • Todd Kirby was a judge for the Fourteenth Judicial Circuit and a former Republican delegate in the state House. He said, "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."
  • H.L. Kirkpatrick was a judge for the Tenth Circuit Court. In his response to Ballotpedia's Candidate Connection survey, he wrote that he "has focused on applying the law as written, without regard to public pressure, politics, or the parties involved."
  • Martin Sheehan was an attorney. He previously served as chair of the Ohio County Republican Party and is a former candidate for the court in 2018 and a former Republican candidate for House of Delegates. At the time of the election, he had not commented publicly on his philosophy.

Kirkpatrick’s term ends in 2032, when he will be up for election for a full 12-year term.