H.L. "Kirk" Kirkpatrick
Non-Partisan | West Virginia
Candidate Profile
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BIOGRAPHY
Name
H.L. "Kirk" Kirkpatrick
Party
Non-Partisan
Election Year
2026
Election
Republican Primary and Municipal General
Race
Justice of the Supreme Court of Appeals, Div., 1
Incumbent
No
Links
EDUCATION
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WORK & MILITARY
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AFFILIATIONS
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POLITICAL OFFICES HELD
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POLITICAL OFFICES SOUGHT
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OTHER INFORMATION
In a press release, Judge Kirkpatrick stated he is committed “to keeping West Virginia’s courts impartial, respected, and rooted in constitutional principles.”
In a speech at his retirement party, Kirkpatrick reflected on the three promises he made when first sworn in as a circuit judge in 1995: to always be fair and impartial, to never forget what it was like to be a lawyer advocating for a client, and to remain humble no matter his position or accomplishments.
Judge Kirkpatrick presided over the murder trial of Natalie Cochran, who was convicted of first-degree murder for killing her husband with insulin. Following the jury’s verdict, he sentenced Cochran to life in prison in accordance with the jury’s recommendation not to show mercy, making her ineligible for parole. This holding reflected the seriousness of the crime and Kirkpatrick’s commitment to applying the law fairly and consistently, without bias or favoritism, demonstrating his judicial priorities of impartial justice and adherence to the rule of law. He emphasized his experience in this case and others as qualifications for Judge.
In Lawyer Disciplinary Board v. Macia (2022), Judge Kirkpatrick sat temporarily on the West Virginia Supreme Court of Appeals. The Court suspended Leah Perry Macia’s law license for one year, requiring her to serve ninety days, after she knowingly misrepresented to a circuit court that her client had a guaranteed treatment bed, resulting in the client’s probation being improperly granted and then revoked. The Court held that her misconduct, already confirmed by a criminal contempt conviction, warranted a ninety-day suspension to punish the lawyer and deter others, emphasizing the central importance of honesty in the legal profession. Ms. Macia committed the misconduct while serving as a public defender during a sentencing hearing, stipulated to violating multiple professional conduct rules, and although mitigating factors existed, the Court concluded that the severity of her actions justified imposing the agreed-upon sanctions despite a Hearing Panel Subcommittee’s recommendation for a lesser suspension.
QUESTIONNAIRE
RIGHT TO LIFE
Was Dobbs v. Jackson rightly decided according to the text of the Constitution? Please explain. (Holding: In Dobbs, the U.S. Supreme Court held that the federal constitution does not confer a right to abortion.)
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Does the federal Constitution support the right to physician assisted suicide? Please explain in light of Washington v. Glucksberg (1997).
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Human life deserves legal protection from conception until natural death.
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How do you view the judiciary’s role in matters of abortion regulation following Dobbs?
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RELIGIOUS LIBERTY
Do you believe religious liberty is at risk in the United States. If so, what is the judiciary's proper role in addressing this issue?
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Does the Establishment Clause of the First Amendment require government to be strictly secular or does it allow for the nation's religious heritage?
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Was Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission rightly decided according to the text of the Constitution? Please explain. (Holding: The U.S. Supreme Court held tha the state may not show religious hostility when enforcing anti-discrimination laws against a business owner.)
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CRIMINAL JUSTICE & PUBLIC SAFETY
The burden of proof in a criminal case is generally that the state must provide proof beyond a reasonable doubt. Some say the reason the burden of proof is so high is because we greatly value ensuring that the innocent are not unjustly imprisoned. Please comment on this topic.
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When reviewing wrongful conviction claims, what role, if any, should judges play in determining remedies?
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2ND AMENDMENT
What is your understanding of the Second Amendment’s right to keep and bear arms?
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OTHER IMPORTANT ISSUES
Which branch of government do you believe was intended to wield the most authority?
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JUDICIAL PHILOSOPHY
Describe your judicial philosophy.
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Do you believe judges should primarily apply the law according to its original public meaning, or do you believe the law evolves over time to reflect contemporary values?
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Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
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Was Obergefell v. Hodges rightly decided according to the text of the Constitution? Please explain. (Holding: The U.S. Supreme Court held Due Process and Equal Protection Clauses create a right for same-sex couples to marry.)
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A. How should a judge approach a case where the constitutional or statutory text is clear on its face? B. Conversely, how should a judge proceed when the text is ambiguous or silent on a disputed issue?
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What is your view of judicial restraint versus judicial activism? How do you define each?
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What is the proper role of a judge?
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When applying or interpreting the text of a statute or constitutional provision, is it ever proper for a judge to consider present day public opinion or consequences?
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If precedent departs from the Constitution’s text or original meaning, should a judge follow it or correct the error? Please explain.
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ABOUT YOU
Have you ever been convicted of a felony? If so, please explain.
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Have you ever been penalized for sexual misconduct in either civil or criminal court? If so, please explain.
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I voted in these primaries and general elections:
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VALUES
Briefly describe your spiritual beliefs and values.
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What is your understanding of parental rights under the Constitution regarding the upbringing of children, particularly regarding choices about education and sexual identity?
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Is gender identity a protected class under the Constitution? Please explain the constitutional basis for your view.
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