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Brent Benjamin

Brent Benjamin
Justice of the Supreme Court of Appeals of West Virginia
In office
January 1, 2005 – December 31, 2016
Preceded by Warren McGraw
Succeeded by Beth Walker
Personal details
Born Marietta, Ohio, U.S.
Alma mater Ohio State University

Brent D. Benjamin was a Justice of the Supreme Court of Appeals of West Virginia. In 2004, he was the first Republican elected to the West Virginia Supreme Court in more than 80 years, defeating incumbent Justice Warren McGraw. In 2015, the West Virginia Legislature changed the election system for judicial officers to a non-partisan basis. In 2016, Benjamin placed fourth of four serious candidates in the non-partisan election, with 12% of the vote, and left the court in January 2017, to return to private practice.

Justice Benjamin was born in Marietta, Ohio, and earned his Bachelor of Arts and Juris Doctor degrees from The Ohio State University. After graduating in 1984 he moved to Charleston, West Virginia, and has been a resident of West Virginia for the past 20 years. Before his election, he was a principal attorney with Robinson and McElwee, PLLC in Charleston, West Virginia. His 20-year practice at that firm involved general civil litigation in state and federal courts, including toxic torts and complex litigation. His civil rights practice focused on protecting children from physical and sexual abuse. He was elected to the West Virginia Supreme Court of Appeals in November 2004. Benjamin received 53% of the votes, McGraw received 47%. He began a 12-year term on January 1, 2005 and served a one-year term as Chief Justice under the Court's rotation scheme in 2009. In 2013, he was appointed to a second one-year term as Chief Justice. He is married, and has five children.

He has practiced in the U.S. Court of Appeals for the Fourth Circuit, the U.S. District Court for the Southern District of West Virginia, the Supreme Court of Appeals of West Virginia, and the Kentucky Supreme Court. He is a 1999 graduate of Leadership West Virginia. He is also a current member of the Hocking College Archaeological Mission, and has participated in archaeological excavations in the United States and Egypt.

During the 2004 judicial campaign, Massey Energy CEO Don Blankenship spent $3 million through a legally-crafted independent expenditure committee to defeat sitting West Virginia Supreme Court Justice Warren McGraw, whom Benjamin was challenging. After Benjamin was seated, he voted against Blankenship in several cases, totaling $300 million.


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