Supreme Court Justice Joseph P. Albright dies at age 70

CHARLESTON, W.Va., -- West Virginia Supreme Court Justice Joseph P. Albright died Friday evening, March 20, 2009, at University of Pittsburgh Medical Center Presbyterian of complications of esophageal cancer. He was 70.

He was born in Wood County, West Virginia, on November 8, 1938.

Justice Albright was a member of the Supreme Court of Appeals of West Virginia for nearly ten years. He was appointed to the Court in September 1995 by then-Governor Gaston Caperton and served until December 1996. He was elected to a twelve-year term on the Court in 2000 and served as Chief Justice in 2005.

Prior to serving on the Supreme Court, Justice Albright was a member of the West Virginia House of Delegates, from 1970 to 1972 and from 1974 to 1986. He was elected the Fifty-Second Speaker of the House, serving in that capacity from 1985 to 1986. He served a total of fourteen years in the House of Delegates, where he also was Chairman of the Committee on Education from 1977 to 1978 and Chairman of the Judiciary Committee from 1979 to 1984.

Justice Albright holds the distinction of being one of only three people to have been elected to the Court after having left the Court. The others are the first Justice, Ralph Lazier Berkshire, and current Justice Margaret Workman.

Justice Albright earned a Bachelor of Business Administration degree, cum laude, from the University of Notre Dame and his law degree from the Notre Dame Law School. At Notre Dame Law School, he won the Webber Prize for Appellate Advocacy and was a member of the Notre Dame Law Review.

When not serving on the Supreme Court, Justice Albright practiced law in Parkersburg and surrounding counties. He served as an assistant prosecuting attorney of Wood County and was a city attorney for the City of Parkersburg. He also served on a number of public and quasi-public boards and commissions, including the Parkersburg Charter Board from 1969-1970, when Parkersburg adopted a new city charter.

Since 1959, he had been an officer and director of Albright’s of Belpre, Inc., a family corporation which owns and operates Belpre Furniture, a retail furniture business with locations in Belpre, Ohio, and Parkersburg.

He was an active member of St. Francis Xavier Catholic Church in Parkersburg.

Justice Albright’s life was one of service – service to his family, his church and his state. He gave his all to each. He loved his family very much.

He is survived by his wife, the former Nancie Gensert Divvens; three children, Terri Albright Cavi, Dr. Lettie Albright Muckley, and Joseph P. Albright, Jr., Esq.; and three step-children, Susan Divvens Bowman, Debbie Divvens Rake, and Sandy Divvens Fox. He was preceded in death by his first wife, Patricia Ann Deem, and their son, John Patrick Albright.

Visitation will be from 2 p.m. to 4 p.m. and 6 p.m. to 9 p.m. Monday, and 2 p.m to 4 p.m. and 6 p.m. to 8 p.m. Tuesday at Leavitt Funeral Home, 403 Seventh Street, Parkersburg. A Rosary Service will be held at the funeral home at 8 p.m. Tuesday. The funeral service will be held at 10 a.m. Wednesday at St. Francis Xavier Catholic Church, 532 Market Street, Parkersburg.

Senior Status Justice Thomas McHugh said, “Joe Albright was a dedicated public servant who gave most of his life to the citizens of West Virginia. It has been a great honor for me to have served with him and to have served in his stead during his illness.”

Chief Justice Brent Benjamin said, “Throughout Justice Albright’s highly varied service – as a public attorney, a delegate, Speaker of the House, Justice, and Chief Justice – he always kept the faith. A man who adored his family and was always true to his friends, he will be remembered as one of the giants of West Virginia’s public life.”

Justice Robin Jean Davis said, “Justice Albright’s life touched thousands of others’ lives. He was fundamental in shaping the very fabric of our state.”

“The passing of Justice Joseph P. Albright is an immense loss to our state and to his family and many friends,”said Justice Workman. “I served with Joe on the Supreme Court. He had a brilliant legal mind, a spirit of compassion for people, and great strength of character. On a personal level, my friendship with Joe and Nancie meant a great deal to me. On a professional level, his service in both the Judicial and Legislative branches leave a lasting legacy for West Virginia. My deepest sympathy lies with Nancie and the rest of Joe's family.”

Justice Menis Ketchum said, “I’ve lost a good friend. My heart goes out to Nancie and the Albright family.”

Senior Status Justice Larry Starcher said, “Joe Albright was my friend on the Court, my best friend. Joe Albright’s judicial philosophy was one in which the Constitution protected everyone, the rich and the poor, the weak and the strong. He was colorblind when it came to applying the law. Truly, he was a giant among those of us who refer to ourselves as judges.”

Putnam County Judge O. C. Spaulding, President of the West Virginia Judicial Association, said, “Justice Albright's intellectual disagreements with his judicial brethren were always spirited and passionate, but he remained a friend of every judge in West Virginia. Our state's judiciary has lost an enlightened voice. His contributions will be missed.”

Supreme Court Clerk Rory Perry said, "I am deeply grateful for what I learned from Justice Albright over the past nine years. He was a patient teacher and a faithful public servant, and I will miss him greatly."

Supreme Court Administrator Steve Canterbury said, “Until the very end, Justice Albright remained connected to the work of the Court electronically, and continued to be the consummate public man. His mind remained sharp and his spirit lively.”

Chief Justice Brent Benjamin said he will enter an order on Monday, March 23, appointing Justice McHugh to serve in Justice Albright’s position until Governor Joe Manchin appoints a replacement, who would serve until the next general election. Justice McHugh had previously been appointed for that same purpose by former Chief Justice Elliott “Spike” Maynard and Chief Justice Benjamin.

Twelve Supreme Court justices have died in office. The last was Frank Haymond, a Democrat from Marion County who served from 1945 until his death in 1972.

Justice Albright was the third Supreme Court Justice from Wood County. The others were Okey Johnson, a Democrat who served from 1877 to 1888, and William N. Miller, a Republican who served from 1907 until his death in 1928.

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