West Virginia judge known for raising eyebrows with his statements, including calling himself 'America's laziest and dumbest judge', dies from liver cancer at 79

The former West Virginia Supreme Court Justice who once jokingly referred to himself as 'America´s laziest and dumbest judge' - and who attracted as much attention for his out of court antics as he did while in it - has died.

Richard Neely, 79, died Sunday of liver cancer, which had been diagnosed recently, said Supreme Court spokeswoman Jennifer Bundy.

'We acknowledge all the great service and his incredible wisdom that he gave to the state of West Virginia,' Gov. Jim Justice said at a news conference Monday.

Former West Virginia Supreme Court Justice Richard Neely died Sunday, at age 79, of a fast-moving liver cancer. Neely is pictured in an undated photo 

Neely, the grandson of former West Virginia governor and U.S. Senator Matthew Neely, grew up in Marion County, graduated from Dartmouth College and Yale Law School and served as an artillery captain in the U.S. Army during Vietnam. He was awarded a Bronze Star for his service. 

Neely graduated from Dartmouth college and Yale Law School before entering the US Army and serving as an artillery captain during the Vietnam war, during which time he received a Bronze Star, WV Metro News reported.

After his Army service, he began practicing law in Fairmont, West Virginia, and won a seat in the state legislature in 1970, before being elected to the court as a Democrat at age 31 in 1972.   

He served as a state Supreme Court judge - and was chief justice for many years - until he retired in 1995 to start a law practice in Charleston.   

During his time as a justice, Neely helped reform state mental hospitals and juvenile penal schools, helping to expand protections for mental patients and substituting real therapeutic models into reform schools, according to peoplepill.com. 

Neely was also known for his work in domestic law and for many high-profile articles he wrote for national publications, frequently involving court sociology. 

Neely (in an undated picture) was elected to the court as a Democrat at age 31 in 1972

Neely (in October 2019) retired from the state Supreme Court in 1995 to go into private practice, but ran for his old seat in June 'because the court system was a mess'

Neely (in October 2019) was known for making outrageous statements and for a series of controversies during his time as a justice, including suing TWA over lost luggage

In June, he tried to win back a seat on the court, but lost to incumbent judge Tim Armstead. Armstead, a former House of Delegates speaker, won a 12-year term.

Neely said he decided to run for the seat this year because the court system was a mess, especially since a 2018 scandal in which state lawmakers initiated impeachment proceedings that a separate panel of judges later derailed. 

He also said it was taking far too long for the Supreme Court to process an appeal, which was 'very, very bad for litigants.'

During his time as a justice, Neely often got attention both for what he said and did outside of court.

He became famous when, in an ad for a clerk that he placed in the Virginia Law Weekly in 1991, Neely referred to himself as 'America´s laziest and dumbest judge.'

The ad sought 'a bright person to keep (the judge) from looking stupid,' and gave preference to University of Virginia law students 'who studied interesting but useless subjects at snobby schools.'

'If you are dead drunk and miss the interviews, send letters,' the ad said.

When he announced his candidacy last year, Neely defended the ad, calling it a humorous rebuttal to two 'highly pompous' federal appeals judges who he said implied in law review articles that clerks 'had to be almost superhuman.'

'I couldn´t resist doing that,' Neely said.

The ad following a slew of earlier controversies that he was able to bounce back from.  

In 1985, Neely fired his secretary for refusing to continue babysitting his son after three consecutive weeks of watching the child. The public outrage that followed prompted him to restore her job and give up the title of chief justice. 

At the time, Neely claimed he had a right to order his staff to perform such duties as babysitting, collecting his laundry and typing books he wrote.

A year later, in 1986, he sued Trans World Airlines for $38,000 after his baggage arrived 70 minutes late at New York´s John F. Kennedy International Airport. 

He sought $3,000 from the airline as a speaker´s fee because he informed fellow passengers about the delay. He said he settled out of court for $12,500.

At an American Legion youth leadership conference in 1989, Neely suggested attacking drug dealers with baseball bats. A year later, at the same conference, he said that society would be better off if women stayed home with their children and that it was alright for me to go off drinking, womanizing and fighting wars until they started families. 

In 1993, he was quoted as telling a conference of teenage boys to 'tape a rubber to your American Express card and don’t leave home without it.'

During a 1993 interview, Neely told a reporter that the various controversies weren't a concern to him. 

'I don’t really care, you see. I’m 51 years old. I’ve got nowhere else to go. You think they’re going to name me for the Supreme Court instead of (Ruth Bader) Ginsburg?' he said at the time. 

'Being a judge is like having cancer. You don’t go anywhere from there.'   

Current Justice Margaret Workman once said of Neely that 'someone should drag him kicking and screaming into the 20th century.'

Neely said last year that he stood by the baseball bat statement. 

He also reiterated his opinion that women should stay home with young children. He said that 'would be really nice' because 'the more parental time kids have, the better off they are.'

One outrageous statement Neely may have felt differently about, however, was his 1990 statement claiming that he 'wouldn’t work within 500 yards of a person with the AIDS virus,' which he made during an oral argument in an appeal before the Supreme Court.  

In an October 2019 interview, Neely told the Charleston Gazette-Mail that at the time he made the AIDS comment, the syndrome was being introduced as a political issue instead of a health one and 'There wasn’t a lot of knowledge about how AIDS was transmitted.' 

Charleston Mayor Danny Jones told Metro News that Neely had been diagnosed with liver cancer a month prior to his death and 'went quickly.'   

Jones called him 'the most loyal person I ever met in my whole life. He was a wonderful person and spoke the truth as he knew it.' 

Neely's law partner, Mike Callaghan, told the news outlet that 'he’ll most be remembered for the intellect he brought to West Virginia' and added that 'his long-lasting legacy will be, people will say, he’s probably one of the smartest individuals to ever be in West Virginia and dedicate those skills to improve our state.'

West Virginia Sen. Joe Manchin said in a statement that he and his wife, Gayle, 'send our heartfelt condolences to Justice Richard Neely’s wife Carolyn, his sons John and Whittaker, and their entire family. Richard has been a close family friend since his days as a young lawyer in Fairmont after returning from serving in Vietnam.'

Manchin also said, 'Richard continued to give back to his community, serving in the House of Delegates and later becoming a West Virginia Supreme Court Justice, serving West Virginians until 1995. This is a sad day for all West Virginians, and our thoughts and prayers are with Richard’s family and loved ones who are mourning this loss.'

Justice Workman, in a statement obtained by WSAZ, called Neely 'truly one-of-a kind!'

She added that 'He had a colorful personality, a razor-sharp wit, a brilliant mind and a rambunctious sense of humor. He was a lot of fun to work with; and we could disagree on issues without being personally disagreeable. In the 23 years he served on the Court, he left an immense body of work. My deepest condolences to Carolyn, Chase, and John.'