Tom Ewing
Non-Partisan | West Virginia
Candidate Profile
Leans Conservative
BIOGRAPHY
Name
Tom Ewing
Party
Non-Partisan
Election Year
2026
Election
Republican Primary and Municipal General
Race
Justice of the Supreme Court of Appeals, Div., 2
Incumbent
Yes
Links
EDUCATION
Candidate did not provide
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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SELECTED CONTRIBUTIONS
CONSERVATIVE
GIVEN BY CANDIDATE (1)
Stefani Carter (2005)
RECEIVED BY CANDIDATE (0)
OTHER INFORMATION
In re M.B. (2026). Justice Ewing agreed with the court’s decision but wrote separately to explain that this case was really about where the child should live permanently, not just where he should stay for a short time. After the parents lost their rights, the court had to decide the child’s final home.
He emphasized that the law requires judges to focus on giving children a safe, stable, and permanent home. He also said it was important that the child was very young, already bonded with the foster family, and living with his biological sisters there. Because of this, he agreed the child should stay with the foster parents.
State ex rel. West Virginia v. Cuomo (2026). Concurred. The Court reversed the circuit court’s dismissal of the indictment against Smogonovich for failing to register as a sex offender. The Supreme Court found that the lower court used the wrong procedure by weighing evidence before trial, which is the jury’s job, not the judge’s. The circuit court improperly looked at the defendant’s prior Ohio juvenile adjudication and decided it was not a “conviction” under SORA. Because the State would lose its ability to prosecute, the Court issued a writ of prohibition, stopping the dismissal.
In re A.E. (2026) Authored. The West Virginia Supreme Court of Appeals (Court) ruled that the circuit court could not require DHS to pay transportation costs for post-permanency visits between A.E. and his psychological parents. The Court said there was no law allowing the state to fund travel for a disabled child over 18. It rejected fairness arguments from the psychological parents, emphasizing that courts cannot expand DHS obligations beyond what the law allows.
In re X.R. (2026) Authored. The Court ruled that the biological father’s right to care for and make decisions about his child cannot be replaced by a psychological parent. The lower court had given equal custody and decision making to the father and the child’s aunt, who was found to be a psychological parent. The Court said this was wrong because the father had completed his improvement period and was fit. While the child can still see and spend time with the aunt, the court must make a proper visitation plan. The case was sent back for the lower court to fix the custody and visitation orders.
State v. Thompson (2026) Concurred. The Court decided that statements Thompson made to the police could be used at trial because they were not “testimonial,” so the Confrontation Clause did not prevent them. After getting upset over drugs hr bought, Thompson had struck returns the drug dealers home and struck them with a pistol, shot Salaam Jr., claiming self-defense. The jury heard evidence including a tattoo, a 911 call, and officer testimony, and was instructed on murder and felony murder. The Court said trial courts have wide control over evidence and followed rules about relevance, fairness, and excited utterances. Thompson’s conviction for felony murder and life without parole was upheld.
In an interview video on his campaign Facebook page, Justice Ewing described his role as a judge and his judicial philosophy as “very focused on doing the limited job that I have as a judge or justice” and “applying the law, not trying to create the law,” comparing it to being an umpire where “it’s my job to apply the rules, not to make them” and not infringing “on the legislature’s role or the executive’s role."
When speaking about his public oath of office after his appointment to the Supreme Court of West Virginia, he stated that he will “uphold the rule of law,” “maintain my independence,” “be fair,” and be “impartial in all cases before this court.”
During a 2/23/2026 WTRF-7 interview, Judge Ewing discussed his role as a judge and his judicial philosophy.
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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