Background
Democratic Justice Margaret Workman resigned from the court in August 1999. [1] Republican governor Cecil H. Underwood replaced her with George M. Scott. [2] Scott did not seek election to a full term.
Another Democratic Justice, Thomas B. Miller, retired in August 1994. Democratic governor Gaston Caperton subsequently appointed Franklin Cleckley to fill the vacancy. [3] A special election was held for the seat in 1996, which Cleckley did not contest. Democrat Robin Davis won the election to fill the unexpired term.
Originally elected in 1998, Democratic Justice Warren McGraw sought Justice George M. Scott's open seat which was up for election in 2000, and was a twelve year term which would expire in 2012, despite the fact that his own term would expire in 2004. This was challenged in the state Supreme Court, and in a 4-1 decision, the Court held that McGraw was ineligible to run for a 12-year term in the year 2000 when he was already a member of the Court until the year 2004, and referred to his action as "audacious". [4] [5] [6] [7]
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