State bar hears from Supreme Court candidates
Headline Legal News
Four of the five candidates for West Virginia's Supreme Court believe it faces several serious threats to its integrity and reputation.
A declining number of opinions, allegedly unfair treatment of businesses and civility among the justices were among the issues cited at a Wednesday forum hosted by the state's bar association.
Two court seats are up this year. All five hopefuls attended, including Chief Justice Elliott "Spike'' Maynard.
The sole incumbent running, Maynard defended the level of discourse among the court's five justices and the quality and quantity of their opinions.
"I don't know any judge who misbehaved in the conference room,'' Maynard said. "I think the written product is as good as any court's in the land.''
Maynard has made national headlines following the release of photos showing him in Monaco with the chief executive of a coal company with cases pending before the court. He has since disqualified himself from at least three cases involving Massey Energy Co.
Fellow Democrat Menis Ketchum was asked about the court's method for handling recusal requests. A Huntington lawyer, Ketchum advocated an independent panel to resolve such issues.
While court rules require judicial officers to recuse themselves from "a proceeding in which the judge's impartiality might reasonably be questioned,'' it also gives that judge the final say.
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U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.