Justice Thomas McHugh examines a file recently in the state Supreme Court offices. McHugh has filled in for ailing Justice Joseph Albright this fall, and he will do so for at least the start of the spring term. (Photo by Chris Dickerson)

Albright

Benjamin

CHARLESTON -- Incoming Chief Justice Brent Benjamin said Monday he will reappoint Senior Status Justice Thomas McHugh to fill in for Justice Joseph P. Albright during Albright's recovery from surgery and illness.

On Monday, Albright notified Benjamin that he does not yet have approval from his doctors to return to the Court. He had notified Chief Justice Spike Maynard on Sept. 9 that his doctors advised him that he should not participate in the fall term of court while he recovers from a July 28 esophagectomy.

Albright had planned to return to the bench in the January 2009 term, but he told Benjamin in the letter that a bout with pneumonia, from which he has now recovered, has slowed his overall progress. He now plans to return to the Court within a month or so. Benjamin will be Chief Justice in 2009.

A Supreme Court release said Benjamin will enter an administrative order later this week appointing McHugh to continue serving in Albright's place. McHugh has been serving in Albright's place since Sept. 12.

McHugh was elected to the Supreme Court in 1980 and was re-elected to a second 12-year term in 1992. He served as Chief Justice in 1984, 1998, 1992, 1995 and 1996. He retired on Dec. 31, 1997. He then practiced law in Charleston.

McHugh was born in Charleston on March 26, 1936, and is a graduate of West Virginia University and the West Virginia University College of Law. In law school he was a member of the Order of Coif, a legal honorary, and was associate editor of the West Virginia Law Review.

He then served as law clerk to West Virginia Supreme Court Justice Harlan Calhoun from 1966-1968. He was elected judge in the Circuit Court of Kanawha County 1974, re-elected in 1976, and served as chief circuit judge from 1974 to 1980.