Judging the Judiciary

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The West Virginia Supreme Court race heats up as Justice Warren McGraw brings his campaign to Parkersburg Monday.

Incumbent McGraw faces a challenge in the democratic primary from Greenbrier County Circuit Judge Jim Rowe.

Rowe has accused McGraw of, in Rowe's words, "legislating from the bench".

McGraw says Rowe has mischaracterized his record and several recent state Supreme Court rulings.

"The sole responsibility of a court, particularly the Court of Appeals, is to examine the issues and interpret as best as we can what the lawmakers have determined should be the law," Justice McGraw explains. "There may be some instances where it’s impossible to determine, in which case the courts defer to the proper authority to do that."

Both candidates have alleged improper conduct, but neither say they plan to file a complaint with state ethics officials.