Happy Holidays

It is early November as I find myself writing my last column for the West Virginia Lawyer as Chief Justice of the Supreme Court of Appeals of West Virginia. I begin by wishing "Happy Holidays" to my readers. May the best spirits of the season come into your lives and the lives of your loved ones, and may the first year of the new millennium be your best ever.

At this time of year, each of us will be reflecting on the past year. Did we make the progress on our personal and professional goals that we had hoped to make?

I think that we at the Supreme Court can answer that question in the affirmative. We have accomplished a lot -- so much, in fact, that I will not "wrap up" by even summarily reporting on our accomplishments and activities during the last year. Those who read these columns -- I know they are not exactly steamy page-turners! -- will remember, I hope, some of my previous columns in which I discussed some of our Court’s projects and work during 1999.

For my reminiscing, I want to recognize and thank all of my colleagues and co-workers in our Court family for their hard work and friendship during the past year. I especially thank Jamie Albert and Deborah McHenry. Jamie, our new Court Administrator, has provided the Court high-caliber, intelligent, and "pragmatically idealistic" work; and Deborah, our Court Clerk and Chief Counsel, has served as our rudder, steering the Court through the troubled waters that seem to be inherent with such an institution.

And, I thank my current colleagues on the Court -- and particularly former Justice Workman -- for their friendship, hard work, wisdom, creative thinking, and for their patience with me.

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As I reflect back on what has and has not been done in my work life in the past year, I am generally satisfied. My biggest disappointment has been in not doing more to move our Court and our judicial system in the direction of greater "racial" diversity at all levels. We have made some progress, but in my judgment, not enough.

I put the term "racial" in quotes to indicate my understanding that "race" is, ultimately, an intellectually and morally bankrupt concept. Our species’ recognition and use of so-called "racial" lines and groupings -- racism -- stands squarely in the way of our being the family of humans as God created us. .

Building greater "racial" diversity in the workplace, and thereby undermining and undoing racism, has been a top personal goal of mine for more than 30 years. This goal is rooted deeply in my personality. In part, I am motivated by the friendships I have formed with wonderful people who are classified as being of other "races." I know what hell they and their families have gone through by being saddled with the obscene stigma and stereotyping that is inherent in racism.

I am also motivated by the transforming personal experiences I had in the days of the civil rights movement, where I saw how the power of love and forgiveness could be combined with a fearless struggle for social progress and equality, and the healing of ancient wounds. Those experiences had a deep influence on my perspective on life, and left me with a lifelong commitment to continue to make the civil rights revolution a continuing reality.

Unfortunately, despite progress in ending legal segregation, the bitter legacy of America’s (legal) racist and slave-holding past is still a strong influence in our country today. My friends whose ancestors came from Africa are in an arbitrary category that makes them, in the eyes of most of America, "others." And when one young "black" man out of three is likely to end up incarcerated, we are in a situation that tempts providence.

As we enter a new millennium, I agree with the feelings about our nation’s current "racial" policies and realities that Thomas Jefferson expressed more than 200 years ago, in 1782, in "Commerce between Master and Slave:" "Indeed I tremble for my country when I reflect that God is just."

But although we have many problems still, there has been great progress that we can celebrate, and we must go forward. I have always tried to use the opportunities that my work has given me to help tilt the scale more toward "racial" inclusiveness -- by bringing people who belong to "racial" minorities into the justice system as full partners and players. My purpose has been to help build the kind of economic and social improvement and equality that will in the long run erase the artificial barriers and lines of "race."

For it is true that ending racism is a long-term project that will take generations of effort. And ending racism won’t happen, even in several generations, without continuous "affirmative action." I wish that I could have done more in this area in the past year. Next year, and the following year, and for the rest of my life, I will still be working on this issue. I hope that each of you readers will do what you can to undo the economic and social disparities, and the unconscious attitudes and practices, that help perpetuate the drawing of "racial" lines. We shall overcome -- someday.

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With the end of this year, I pass the baton of Chief Justiceship to Justice Elliott Maynard. He will bring his quick mind and common sense to a difficult job, and I wish him the best as he undertakes it, and I stand by to support him. I know that he will do well.

Finally, I thank my beloved wife Becky, my wonderful children Mollianne, Victor, and Amy, and our first grandchild, Hayden Chase Starcher, for their love and patience and support this past year -- I ask forgiveness for the time I stole from them to give to the Court, and I promise that next year there will be more time for family. I also say thanks to my staff, who are also my best friends, for their personal untiring support and friendship. They make it all worth while.