Robin Jean Davis is chief justice for the West Virginia Supreme Court of Appeals for the third time since she first was elected to the bench in 1996.

But her life is different than it was 10 years ago. She and husband Scott Segal are proud parents of 8-year-old Oliver, and it is that role as mother that has given Davis her focus for the coming months.

"This is the year of the children," Davis said. "Unfortunately, West Virginia now ranks No. 1 in children deaths from abuse and neglect situations. As a mother, a woman and as a jurist, I can't sit back and not do something about that."

Refining the System

The Supreme Court is developing new rules enabling magistrate, family and circuit courts to better work with the Department of Health and Human Resources to protect children. Davis said DHHR Secretary Martha Walker, social workers and members of the court's improvement board met Jan. 6 to flesh out how to improve child protection systems.

"I've never seen people so dedicated," she said in describing the energy and motivation of the group.

Last year, news that a Raleigh County baby froze to death because his mentally handicapped mother had not paid the heating bill put a spotlight on child protective services in West Virginia. Situations such as that incident and countless cases of abuse and neglect are the impetus for Davis' focus on children.

Despite the best of intentions, children can "get lost in the shuffle," Davis said, and the Raleigh County incident is a prime example.

"We're not pointing fingers here," she said. "No one wants children to die. By us honing our rules, we are making sure there are stopgap measures in place."

She called the issue a "rededication" for the Supreme Court of its focus on children.

Keeping the executive and legislative branches involved is key, she said, because those branches can help address the staffing needs for social workers, the first line of defense in protecting West Virginia's children.

"They are so overworked and underpaid," Davis said. "They were there (at the Jan. 6 meeting), and they couldn't have been more cooperative.

"This is a joint effort," she continued. "In many instances, there's just not enough help. ... This will be a centerpiece of my speaking engagements this year."

Public Awareness

Davis has been credited with raising the public's awareness of the Supreme Court. As chief justice in 1998 and 2000, Davis started a number of initiatives, such as the workers' compensation mediation program, the expansion of parent education programs, rules on mass litigation, the expansion of technology for the "Courtroom of the Future," including the video initial appearance pilot project, and the creation of the West Virginia Trial Court Rules.

As chief justice, Davis also took the Supreme Court out of Charleston and into local communities by holding arguments in other cities and creating the LAWS program (Legal Advancement of West Virginia Students).

Davis said she has noticed "much more public awareness of the court system in recent years and the phenomenal impact that we as a court have in this state."

"We have the capability and capacity to overturn any piece of legislation, any law. That is a tremendous responsibility and one that I am very aware of and also very cautious about," she said.

"The issues that we've had to address have been monumental to our state," she continued, listing workers' compensation, civil rights and other constitutional questions.

The Supreme Court and entire court system also has been dealing with the moniker of being a "judicial hellhole," a designation Davis said she takes great issue with.

"We also had the 2004 election, which was the most publicized judicial election in the country. In all, the increased public awareness is a good thing," Davis said. "I think this court has horrific accountability."

The Supreme Court, she said, has a responsibility to the people and the judiciary to be independent and not swayed by any special-interest group, the workings of the media or political pressures.

"I simply refuse to yield to any political interest," she said. "Politics have no place at the court. I think my record, if anyone bothers to look at it, supports that."

Davis is known for her heavily researched judicial opinions. Regardless of whether people agree with them, she said, they are researched to the point where anyone can see why she made a given decision.

"I've also written more opinions than any other member of the court," Davis said.

Other Issues

Davis said the Supreme Court recently issued an opinion on prison populations in West Virginia stating lawmakers and the executive branch need to act more quickly to find a better way to handle a growing number of inmates housed at regional jails instead of state correctional facilities.

"West Virginia has a shrinking population and an aging population. Our financial resources are very limited, so we need to take a serious look at whether we want to spend hundreds of millions of dollars on a new prison or take a look at certain prisoners who could be paroled, put on work release or other options," Davis said. "We are going to have to address it. We, as leaders of this state, have to address it and not bury our heads in the sand. It's not going to go away."

If the state does move to using more alternative sentences, West Virginia is going to need more probation officers, Davis pointed out.

"Look at the salary of a probation officer per year versus incarcerating an inmate -- the math is so simple and more financially responsible for the state," she said.

On a positive note, Davis heaped praise on new court administrator Steve Canterbury, the former Regional Jail Authority director who joined the court system last year.

"I can't say enough nice things about him," she said. "He sees no limitations and is very big on accountability. We are hopeful and in the process of (combining) computer systems so everything is compatible. We are going to be able to know from one county to the next what's going on with each person with a criminal record.

"It's a perfect example of something Canterbury is already working on that will bring more accountability to the judiciary."

Overall, Davis couldn't help but smile when asked if she still liked her job.

"I love my job," she said. "Before 2004, we were on the front page every day for something negative, for friction. Now things are different. I don't think we need to be making headlines. ...

"I also really think it is important that we have at least one woman on this court whether it's me or someone else. Women see things differently, and it's always nice to have a different perspective."