CHARLESTON -- State Delegate Carrie Webster, D-Kanawha, officially resigned her post as the chairwoman of the House Judiciary Committee Dec. 3 to take Irene Berger's seat on the Kanawha County Circuit Court.

Gov. Joe Manchin named Webster as Berger's replacement Dec. 1. Berger left the bench in November after being confirmed by the U.S. Senate for a federal judicial appointment.

Webster said she is honored and humbled to serve the citizens of Kanawha County. She says she plans to continue the fair judgment and hard work of her predecessor.

Webster has been a member of the West Virginia House of Delegates since 2001 and served as chairwoman of the House Judiciary Committee since 2006.

She currently is an associate with the Charleston law firm of Bucci, Bailey & Javins, and she served as assistant public defender for the Kanawha County Public Defender's office from 1997 to 2000.

Webster says she wants to bring fair and non-partisan judgment to the bench while upholding the law. Despite being a public official for several years, Webster says her new position brings more challenges.

"I hope that my time on the bench will be defined as people can say I treated everyone with respect while giving equal access and time to every case," Webster said.

Webster said she believes she is a hard worker and is hopeful others who have worked with her would say the same. She says she has been frustrated because she has taken on so many roles as a delegate and committee leader.

She says her new position should give her an opportunity to apply her hard working attitude to the benefit of the bench. Her only agenda, she said, is to remain impartial.

"I am going to take my legal and lawmaking training along with my personal qualities to the bench," Webster said. "I have no interest in bringing a true personal agenda or partisanship."

Webster's stance on partisanship will be tested early on because she will immediately have to go from judge to candidate after being officially sworn in Dec 28. In cases of judicial appointments, the West Virginia State Constitution requires a special election for the office in the next election year, which in this case will be in 2010.

"I am going to conduct my campaign the way I plan to conduct my courtroom, and that is fairly," Webster said.

Webster said she plans on running a clean campaign without political barbs and jabbing, stating the public deserves more from elected officials.

"That is not the role of an officially elected judge," Webster said. "I am a judge first and a candidate second."

Not everyone believes Webster's stance on avoiding partisanship or her ability to operate the bench or campaigns fairly.

"Sadly, this appointment does little to improve the overall reputation of our state's judiciary," observed Richie Heath, executive director of West Virginia Citizens Against Lawsuit Abuse, or WV CALA, in a Dec. 1 release. "Webster's appointment smacks of partisan politics and raises serious questions about future judicial appointments in our state."

Heath points to Webster's record as House Judiciary chairwoman as a troubling indicator of her potential judicial philosophy.

"As House Judiciary Chair, Webster has pushed for legislation that unconstitutionally burdens free speech rights, turned a blind-eye to the questionable legal practices of Attorney General Darrell McGraw and exhibited a partisan demeanor that would be unbecoming of a judge," Heath explained.

Webster said she will not respond to such questions on her ability or character. Instead she said she opted to take the high road.

"It is not important for me to engage in political or partisan banter, especially before I haven't even been sworn in yet," Webster said.

Critics about her ability to hear cases involving law enforcement have also raised questions. Webster's brother, Brent Webster, is police chief for the Charleston Police Department. Some critics claim Webster may have difficulty ruling fairly in cases involving the police department or other law enforcement agencies.

Webster said she has to study what triggers conflict and anticipate it in the future. She says she plans to talk with other colleagues on how they have dealt with possible conflicts involving family.

"I will be receptive and not discouraged if someone is uncomfortable with me trying their case based on a possible conflict of interest," Webster said.

Webster said she will recuse herself if necessary after reviewing each case, but does not want to make a habit of recusing herself from cases. She said anyone could grasp at straws to make a connection of conflict in a case.

"A friend or associate, maybe but if a family member or law member is involved then I will approach the case with caution," Webster said.

She says she believes she can calm critics with her passion for law. She says a judge who focuses on resolving conflict fairly shows passion for the position.

"I am going to keep doing what I have always done and that is treating all with the same balance and fairness in my decision making," Webster said.

She says she hopes she can earn the respect of stakeholders by leading through example.

"I do not care if people like me, just respect me," Webster said.

Webster will officially be sworn in at noon Dec. 28 in the Ceremonial Courtroom located in the old courthouse located across from the Kanawha County Judicial Annex. West Virginia State Supreme Court Justice Margaret Workman, whom Webster acknowledges as a role model in her career, will swear her in.