Balance in Power

By Alisa L. Bailey

If Workman were to successfully run for Governor, and thus become the state's first woman governor, it would not be an atypical aspect of her pioneering career.

A native of Charleston and a graduate of West Virginia University College of Law, Workman was appointed to the unexpired term of Circuit Court Judge Herbert Belcher. In 1981, when she was appointed by then-Governor John D. Rockefeller, IV, she was only the second female judge on the circuit court level and the youngest to be appointed.

Furthermore, she not only inherited the largest backlog of cases in the state (which she decreased to the lowest level in the judicial circuit before leaving that post), but also, in order to retain her position, she immediately met the challenge of running for circuit judge in the May primary.

She successfully ran in 1982 and 1984 for Kanawha County Circuit Judge. During that tenure she achieved the accomplishment of presiding over more jury trials than any circuit judge in the state.

During her years as circuit judge, Workman handled a full one-half of all the domestic relations matters in Kanawha County and helped form the West Virginia Committee for the Prevention of Child AbuseCa foretaste of her leadership in family law that she carried to the Supreme Court.

Though she is quick to point out that Supreme Court Justices should enter the bench with no agenda, she also admits to gravitating toward improving the response of the bar and the judicial system to family issues.

"One of my goals as Supreme Court Justice was to establish a body of law for children and their rights, especially abused and neglected children," she said. "I sought out cases before the Court involving children in order to interpret law that would not only be fair to the adults, but most importantly provide law that is fair and responsive to the children."

Workman explained that in a legal setting, gaining safety for the childCwhile extremely importantCfell short of providing for the needs of the child while issues were in litigation.

This interest in family law left its mark. When she became Chief Justice in 1993, she provided the impetus to address domestic violence from an administrative responsibility as well as a responsibility to represent children in court.

Inspired by a speech delivered by a prosecuting attorney at a judicial conference, Workman put her pioneering skills to work to provide a more responsive system to domestic violence.

"I realized that simply establishing a body of law was not going to be enough," she said. "I realized that it was necessary to take broader steps."

As a result, she became the driving force in establishing the Court Appointed Special Advocate (CASA) program in West Virginia. This program recruits volunteers, who are screened for maturity and commitment, to represent children in family law cases.

"In most family law cases, there is a social worker and a court-appointed attorneys both representing particular interests of the child, but the burden at Child Protective Services and the length of time typical in family law matters often results in the child being lost between the cracks', she said.

"On the other hand, CASA empowers the volunteers to speak for the child's needs during the often lengthy disposition of the case and assist in securing the best outcome for the child."

Workman is also rightfully proud of the state committee of social workers, lawyers, judges and others who assisted in establishing a new set of rules of procedure relating to domestic violence.

Workman's leadership in establishing new administrative procedures and a new body of law interpreting domestic violence issues helped put West Virginia in the forefront.

"One of the things I am most proud of is that the National Council of Juvenile and Family Court Judges has named West Virginia as a model state with respect to our laws of domestic violence," she said. "Although we have a long way to go, we have made a lot of progress on this issue. We have a solid body of law on child abuse and neglect and our cases are cited all over the country."

She is quick to caution, however, that the progress made does not mean that the problems are solved.

"More than one-third of all the homicides are a result of domestic violence. Just because you develop a body of law does not mean you solve the problem."

The engaging former Supreme Court Justice attributes her interest in family law issues to her gender and is not apologetic about it.

In an earlier interview with The West Virginia Lawyer magazine in reference to her posture at the circuit court level she said that women are oriented and socialized to be better at human dispute resolution.

"A lot of social problems that might be best handled by sociologists or social workers are ending up in the courts, so a lot of the workYis making judgments in the social context."

She echoed her earlier remarks in the recent interview. "I think that women bring a different perspective than men. After all, women have different life experiences."

As with all of her career decisions, Workman has had to balance work and family.

"I think women find themselves more than men trying to balance career and family. I have three children in junior high school--three children who will all soon be in college. In my consideration of more public service, I am weighing how my future commitments might impact my life and my family."

In addition to considering a run for the Governor's berth, Workman is also contemplating opening a private practice.

"I think the state is in real void of leadership right now and there is a certain part of me that feels called to that. On the other hand, I am looking how living in a fishbowl might affect my family were I to be successful."

And what of the health of the West Virginia bar, particularly in light of national focus upon the legal professionCnot always in the best light?

"One of the things that has provided me with great satisfaction in watching lawyers come from all over the state before the Supreme Court is the calibre of the West Virginia bar. Despite lawyer jokes and the sometimes disparaging remarks about the profession, the lawyers' conduct before the Court has been in keeping with the rules of professionalism rules that help keep courtesy and professional responsibility above personal gain."

During her tenure on the state's highest court, Workman clearly accomplished her goals. Surprising many, she recently announced her intention to resign before the expiration of her term. Perhaps symptomatic of a Supreme Court Justice, Workman is taking time to contemplate her options.

As was her intention, she is deliberate and reflective about her career-recalling her entrance to the Court with fondness.

"When I came to the court, on the heels of a bitter campaignCa campaign that successfully defeated an incumbentCI was welcomed with open arms," she said. "I have enjoyed my years here."

"I told one of the young law clerks that when you are young, you have all kinds of sparks and things that you want to do and you think you have all the time in the world. Then, you hit a certain age and you realize you still have things you want to accomplish , but you don't have that much time."

Workman said she reached that point about a year ago, and took time out to carefully consider her future. After months of thought, she concluded that she should resign to allow time for others to consider following in her footsteps.

"I thought rather than be coy and just stay there until after the filing deadline, I would let everybody know that I was not going to run again so that everyone who might be considering it would have a fair shot at it."

Justice Margaret Workman--a pioneer, a respected jurist and most certainly a woman with great leadership, intellect and constantly seeking a balance in power.

Alisa Bailey, occasional contributor to The Lawyer, provides articles in support of Fund for the Law in the Public Interest at WVU.