Del. Bill Flanigan and retired District Court Judge H. L. Kirkpatrick won their elections for seats on the West Virginia Supreme Court. (Photos by West Virginia Legislative Photography and the West Virginia Supreme Court of Appeals)
West Virginia Rep. Bill Flanigan and retired District Court Judge HL Kirkpatrick have won their elections for Division 2 and Division 1 seats on the West Virginia Supreme Court, defeating Gov. Patrick Morrisey.
When the Associated Press called the race around 10:25 p.m. Tuesday, Flanigan had drawn 112,890 votes, putting him ahead of Judge Thomas Ewing, whom Gov. Patrick Morrisey appointed to the role in August. Ewing had 81,296 votes, with 91% of votes counted as of Tuesday evening.
The Division 2 seat became vacant last year with the resignation of former judge Beth Walker. The term ends in 2028.
Flanigan, a Wheeling attorney, was first appointed to the House in 2016, a Republican representing Monongalia County. He was re-elected to the House of Representatives in 2024 and currently represents Ohio County.
Morrisey appointed Ewing, a former Fayette County district judge, to Walker’s Supreme Court seat in August.
Ewing, a Fayette County native, was first appointed to the district court in 2018 and retained the judge’s seat after winning the 2020 and 2024 elections.
In a statement behind schedule Tuesday, Flanigan said the state had made its statement clear and that he was deeply humbled and honored by the victory.
“From the beginning, this campaign has focused on the importance of judicial independence, equal justice under the law and restoring trust in our institutions,” he said in the statement. “These principles will guide me every day on the bench. A judge’s duty is not to political pressure, public opinion or personal ideologies.
“A judge’s duty is to the Constitution, the law and the people of West Virginia,” he said.
In the race to fill the unexpired Division 1 term, retired Raleigh Circuit Court Judge HL Kirkpatrick defeated Morrisey appointee Gerald Titus.
Kirkpatrick, who served in Raleigh County for 30 years, will complete the term of the behind schedule Supreme Court Justice Tim Armstead, who died of a cancer diagnosis in August 2025 at age 60. The term ends in 2032.
Titus, a Charleston attorney whom Morrisey appointed to the role in November, was the second-highest voter in the race. Titus most recently worked at the law firm Spilman Thomas & Battle.
Kirkpatrick arrived Tuesday night and said Titus called him to claim the win before the AP called the race. Kirkpatrick said he believes his campaigning on social media made the difference in the race.
“We worked really hard on Facebook and YouTube and even Instagram and Tiktok and whatever venues we could use,” Kirkpatrick said. “You know, they’re not very expensive, and we’ve gotten the message out to hundreds of thousands of people.”
Kirkpatrick rejected the suggestion that the losses of Morrisey’s appointees, Ewing and Titus, were due to voters turning against the governor.
“I know Mr. Flanagan worked really hard, and I know I worked really hard, and maybe that was the difference,” he said.
Hundreds of thousands of dollars went into the Supreme Court elections. Black Bear PAC, which is linked to Morrisey, reportedly spent $125,000 on media to support Titus and Ewing. according to West Virginia MetroNews. According to a report from First Principles PAC, which is associated with conservative activist Leonard Leo, he spent hundreds of thousands of dollars on the race in support of Titus Mountain State Spotlight.
Berkeley Circuit Court Judge Laura Faircloth, Raleigh County Circuit Court Judge Todd Kirby and Wheeling attorney Martin Sheehan were the third, fourth and fifth voters in the race, respectively.
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- May 13, 202612:04 a.mThe story has been updated with more information about the race.
