Kaufman says decision to retire from bench was a long time coming

CHARLESTON, W.Va. — Kanawha County Circuit Court Judge Tod Kaufman said his decision to retire from the bench has been in the works.

Kaufman released a statement on Tuesday further explaining his decision to retire at the end of March, following his letter of resignation being submitted to Gov. Jim Justice on Monday.

“I had intended on retiring before the last election, however, the caseload never abated, the pace never slowed, and like so many things, time simply moved on,” Kaufman said.

“Finally, the presidential elections and the pandemic made clear to me that it’s time to recognize the future of the next generation of lawyers stepping in as leaders in the bar, who could be able judges.”

Kaufman began on the bench in the Thirteenth Judicial Circuit in Kanawha County when he was elected in 1988. Kaufman was re-elected in 1992, 2000, 2008 and 2016. He has served as chief judge four times in the circuit.

The judge further stated on Tuesday that judging has changed with technology and the pandemic, which has ‘certainly been a double-edged sword.’ “The pandemic over the last full year has driven home the paradox in judicial reform and the use of technology in th courtroom, among so many other things,” he said.

Kaufman said technology has made court proceedings more accessible to people consistent with public health guidelines. Technology, however, has weakened face-to-face communications, which he said are fundamental to protect the humanism in our court process.

He added that the fixation on technology has turned more cases to being handled like transactions.

He said he believes his docket will be left in strong shape and his present staff is exceptional and will continue to be so.

Kaufman also noted that three of his longtime colleagues, judges Paul Zakaib, Jim Stucky and Charles King, all passed away in the last two years.

Kaufman ended his statement Tuesday with, “To the people of Kanawha County and the citizens of our state, you have entrusted and honored me to decide cases so important to you. I will always be indebted for these years that I have had to give back to the community and have done my best with energy and commitment to do the job.”

His resignation will be effective midnight on March 31.

On Tuesday, several state Supreme Court Justices wished Kaufman well including Chief Justice Evan Jenkins, “Judge Kaufman, like his father, Congressman Paul J. Kaufman, before him, dedicated his career to public service. The Kaufman family has given so much to the state of West Virginia, and the state is a better place because of their service.”

Justice Beth Walker said, “I wish Judge Kaufman the very best in his retirement and thank him for his decades of service to our community and state. I have always admired the compassion and empathy he shows the parties and the lawyers who appear in his court, and his deep commitment to supporting his colleagues in the judiciary.”

“I have known Judge Kaufman for many years during both his legislative and judicial careers,” said Justice Tim Armstead. “I commend him on his years of service and know that he and his wife, Barrie, will enjoy spending more time with their family.”

Justice John A. Hutchison a former Circuit Court Judge from Raleigh County, said, “I consider Tod Kaufman to be a personal and close friend. Judge Kaufman and I worked together in the West Virginia Judicial Association for nearly 25 years. Tod Kaufman has always been a very good judge and has worked diligently for the West Virginia Judicial Association for all the judges in the state, including circuit judges, family court judges and magistrates, as well as dedicating his life to the citizens of West Virginia. His absence from the bench will be clearly noticed in the future.”

“Judge Kaufman and I served in the Legislature together, and as an attorney I appeared before him in his courtroom,” said Justice William R. Wooton. “He was always fair and thoughtful in his rulings and kind to litigants. He is truly an outstanding public servant and Judge; he served Kanawha County well.”