Titus ‘risks the biscuit’ to become Supreme Court Justice

CHARLESTON – At the urging of his young son, Gerald Titus III decided to “risk the biscuit” and apply for the vacancy on the state Supreme Court.

That gamble paid off November 21 Gov. Patrick Morrisey introduced Titus as the newest justice of the West Virginia Supreme Court.

“I am committed to the rule of law in applying the law as it is written,” Titus, 47, said during the introductory press conference. “I believe it’s critical that the court remain impartial and ensure fairness for all parties.”

Morrisey selected Titus for the vacancy left by the August death of Justice Tim Armstead. The state Judicial Vacancy Advisory Commission interviewed 12 candidates for the position and sent a list of four finalists to Morrisey to consider.

The other three finalists were Eric Hudnall, Steven Redding and Robert E. Ryan. The governor and his team then interviewed the finalists before making Friday’s announcement.

“I’ve been given a solemn duty, an opportunity to name (Armstead’s) replacement on the West Virginia Supreme Court of Appeals,” Morrisey said. “It was a rigorous process, and it’s one that I take very seriously. It was not an easy choice because of the high quality of all of the candidates.”

Morrisey praised Titus’ varied career that includes time in both the private and public sector. At Spilman Thomas & Battle, Titus focused on corporate litigation, strategic acquisitions, environmental and regulatory issues, commercial trucking and other areas of law.

Titus also is a former Assistant U.S. Attorney for the Southern District of West Virginia and worked in the office’s Violent Crime Division. He investigated and prosecuted federal crimes, including bank robbery, witness threats and federal firearms offenses. He also had experience with white-collar crime, wire fraud, money laundering, Social Security fraud, bank fraud, government loan fraud, securities fraud, charitable grant fraud and environmental crimes.

He also was appointed to United States Criminal Justice Act Panel, which provides legal representation to indigent federal criminal clients. Titus is a graduate of Washington and Lee University for both his undergraduate and law degrees.

“He just has a real breadth of experience,” Morrisey said. “Plus, his writing, his knowledge of both the civil and criminal sides of things. He’s worked in the private and public sectors. He’s going to be very thorough and fair, and he’s going to adhere to the rule of law. …

“The experience and integrity of Gerald Titus will be an invaluable addition to the Supreme Court of Appeals. I am confident he will serve the people of West Virginia with distinction.”

Both Morrisey and Titus praised Armstead, his character and his legacy.

“Tim exemplified all that is good and great about West Virginia,” Morrisey said. “A decent man of high morals. I don’t think we’ll ever be able to truly replace Tim.

“Whether you agreed with him or not, he was always committed to upholding the law and maintaining the highest ethical standards.”

Titus agreed.

“Honestly, I wish this vacancy didn’t exist,” he said. “Tim’s presence on the court cannot be replaced, and I’d be a fool to even try to do that.”

Former Justice John Hutchison had been serving on the court since Armstead’s death. In August, Morrisey also appointed Thomas Ewing to a seat on the Supreme Court after Justice Beth Walker retired.

“I am especially honored to have been selected from among other excellent candidates,” Titus said. “Judges are called upon to make difficult decisions, and I look forward to applying my full legal abilities and training to reach the right result under the law. I am committed to the rule of law and applying the law as it is written.

“I believe it’s critical for the court to remain impartial and ensure fairness for all parties.”

As for “risking the biscuit,” Titus said he and his son 7-year-old Brandt go for a walk every morning. During one of those walks, he said Brandt told him to go for it in regards to seeking the Supreme Court seat. But he didn’t use those exact words.

“He said ‘risk the biscuit,’” Titus said. “It’s something he made up. … So that’s what we did.”

“I don’t know what it means, but it sounded pretty good,” Morrisey said with a chuckle.

Armstead was reelected in 2020 to a 12-year term. Titus will serve until the next general election in 2026, and he said Friday he plans to run to finish the remaining years of the term. He also said he looks forward to meeting the voters of the state on the campaign trail.

So, it sounds like Titus is ready to risk the biscuit again with a statewide campaign.

“My grandfather told me, ‘Show them who you are, boy,’” he said. “And that’s what I intend to do.”

Titus lives in Charleston with his wife Meredith, daughter Nora and sons Brandt and Davis.