Longtime Putnam County Circuit Judge O.C. "Hobby" Spaulding, 66, will retire at the end of the year after being diagnosed with ALS, or amyotrophic lateral sclerosis, also known as Lou Gehrig's disease. A picture of retired Putnam Circuit Judge James Holliday, his mentor, hangs on the wall in his courtroom.
WINFIELD, W.Va. -- O.C. "Hobby" Spaulding is living with an incurable disease that is slowly stealing his life away. It is a thief that even he, a 20-year circuit judge in Putnam County, cannot stop.
The disease has largely robbed him of his speech, is progressively making it more difficult for him to swallow, has stolen his job and is spurring predictions of a very short life expectancy.
The self-described workaholic, who took one two-week vacation in 20 years, has been banished to the sidelines of his beloved legal career.
"In this business, you're either in or you're out," he said. "I'm out."
Spaulding has announced he will retire Dec. 31 at the age of 66. But it's not by his choice -- not by any means.
After an agonizingly slow process, which ruled out one condition after another, Spaulding was finally diagnosed with ALS, or amyotrophic lateral sclerosis, also known as Lou Gehrig's disease.
The disease is named for Lou Gehrig, known as the "iron horse" for his record-setting consecutive games played streak as the first baseman for the New York Yankees. Like Gehrig, Spaulding showed up for work every day.
Spaulding, who grew up in Huntington, spent one year at Marshall University before completing his undergraduate degree at the University of Kentucky. He obtained his law degree from West Virginia University and then moved to Teays Valley in 1973 to open his practice.
"There was one traffic light in the entire county," he said. "I moved here because I wanted to go somewhere where people would stay with one lawyer like they did their doctor."
After serving as an assistant Putnam County prosecuting attorney for 10 years, he was appointed prosecuting attorney by the County Commission when James Lee Thompson retired in 1987.
"I liked high-profile cases that would keep you on the edge of your seat," he said, reflecting on his time as a prosecutor. "I liked the ones where the world and the press were watching, and your adrenaline was pumping all day."
Spaulding said he eventually tired of being a prosecutor when it became more and more difficult to "recharge my battery" after each case.
Much of Spaulding's law practice was before now retired Putnam Circuit Judge James Holliday, who became his mentor.
"[Holliday] is 83 and still sharp as a tack," Spaulding said.
It is a source of pride for Spaulding that his portrait was recently hung beside Holliday's in the courtroom.
When it became apparent last year that a major class-action lawsuit against Monsanto would occupy months of Spaulding's court time, Holliday agreed to return to the bench to handle Spaulding's regular caseload.
Spaulding had immersed himself in the Monsanto case, but his diagnosis came on the eve of the scheduled trial, forcing him to step down, and the trial to be continued.
"It was hard to let it go," he said. "I got the diagnosis and came home and had all these series of motions to read and I tried and I just couldn't concentrate. I just thought 'I can't do people this way,' they needed a judge who would be on top of it -- and my mind just wasn't there."
The idea of serving the people by giving his best has long been Spaulding's mantra.
"You have to remember you're just occupying the seat for a while," Spaulding said recently, discussing the advice he might give his successor. "The people put you in here and you owe it to the people to do your best."
Another tip for the judge who replaces him, Spaulding said, is to do the required reading. He said some judges get discouraged when they've spent considerable time reading the necessary materials to prepare for a case, which then settles.
"Be prepared to read the books. Learn to educate yourself on the issues, so next time it won't be new to you," he said.
One thing Spaulding will miss is teaching. In what became something of a tradition, he routinely lectured other judges at judicial conferences to update them after he read and summarized all of the state Supreme Court's decisions in criminal cases each term.
WINFIELD, W.Va. -- O.C. "Hobby" Spaulding is living with an incurable disease that is slowly stealing his life away. It is a thief that even he, a 20-year circuit judge in Putnam County, cannot stop.
The disease has largely robbed him of his speech, is progressively making it more difficult for him to swallow, has stolen his job and is spurring predictions of a very short life expectancy.
The self-described workaholic, who took one two-week vacation in 20 years, has been banished to the sidelines of his beloved legal career.
"In this business, you're either in or you're out," he said. "I'm out."
Spaulding has announced he will retire Dec. 31 at the age of 66. But it's not by his choice -- not by any means.
After an agonizingly slow process, which ruled out one condition after another, Spaulding was finally diagnosed with ALS, or amyotrophic lateral sclerosis, also known as Lou Gehrig's disease.
The disease is named for Lou Gehrig, known as the "iron horse" for his record-setting consecutive games played streak as the first baseman for the New York Yankees. Like Gehrig, Spaulding showed up for work every day.
Spaulding, who grew up in Huntington, spent one year at Marshall University before completing his undergraduate degree at the University of Kentucky. He obtained his law degree from West Virginia University and then moved to Teays Valley in 1973 to open his practice.
"There was one traffic light in the entire county," he said. "I moved here because I wanted to go somewhere where people would stay with one lawyer like they did their doctor."
After serving as an assistant Putnam County prosecuting attorney for 10 years, he was appointed prosecuting attorney by the County Commission when James Lee Thompson retired in 1987.
"I liked high-profile cases that would keep you on the edge of your seat," he said, reflecting on his time as a prosecutor. "I liked the ones where the world and the press were watching, and your adrenaline was pumping all day."
Spaulding said he eventually tired of being a prosecutor when it became more and more difficult to "recharge my battery" after each case.
Much of Spaulding's law practice was before now retired Putnam Circuit Judge James Holliday, who became his mentor.
"[Holliday] is 83 and still sharp as a tack," Spaulding said.
It is a source of pride for Spaulding that his portrait was recently hung beside Holliday's in the courtroom.
When it became apparent last year that a major class-action lawsuit against Monsanto would occupy months of Spaulding's court time, Holliday agreed to return to the bench to handle Spaulding's regular caseload.
Spaulding had immersed himself in the Monsanto case, but his diagnosis came on the eve of the scheduled trial, forcing him to step down, and the trial to be continued.
"It was hard to let it go," he said. "I got the diagnosis and came home and had all these series of motions to read and I tried and I just couldn't concentrate. I just thought 'I can't do people this way,' they needed a judge who would be on top of it -- and my mind just wasn't there."
The idea of serving the people by giving his best has long been Spaulding's mantra.
"You have to remember you're just occupying the seat for a while," Spaulding said recently, discussing the advice he might give his successor. "The people put you in here and you owe it to the people to do your best."
Another tip for the judge who replaces him, Spaulding said, is to do the required reading. He said some judges get discouraged when they've spent considerable time reading the necessary materials to prepare for a case, which then settles.
"Be prepared to read the books. Learn to educate yourself on the issues, so next time it won't be new to you," he said.
One thing Spaulding will miss is teaching. In what became something of a tradition, he routinely lectured other judges at judicial conferences to update them after he read and summarized all of the state Supreme Court's decisions in criminal cases each term.
He'll also miss helping young lawyers develop their skills. "The good ones would always come back to my office after a trial and ask what they could have done better," Spaulding said, adding he was sometimes brutally honest with them. "And, of course the know-it-alls would never do that, so I would watch them make the same mistakes over and over the next time they were in court."
Judge Spaulding distinguished himself by not accepting campaign contributions. He said he believes accepting money from lawyers and litigants who had an interest in cases he had to decide was unsavory and made him uncomfortable. He learned a lesson during his first campaign for judicial office when he did accept contributions, he said.
"I think I was harder on the people that did give me money, so I decided it wasn't a good idea. After the first campaign, I started saving $500 from every [pay]check," to finance his campaigns. "It made me feel independent," he said.
At the same time, that practice kept Spaulding from seeking statewide office on the Supreme Court, a position he was often urged by his peers to seek, because of the amount of money required for financing a statewide campaign.
Spaulding said he has changed his mind on the question of whether judges should have to run for election or be appointed by the governor or a designated committee as some have proposed.
"At first I didn't like it that judges even had to campaign, but I changed my mind," he said. "It allows you to remember you're only here temporarily. [Campaigning] keeps you anchored and ties you to the community."
One favorable change retirement will bring is that the judge can now be friendly again.
"When you become judge, it changes your ability to talk to people. You have to become more insulated. You walk around with your head down not looking for people you know, because people always want to give you information that they think is important," he said. "But you have to base decisions on what happens in the courtroom, so it changes you. It makes you less social, which is hard to do if you're a people person, and I enjoy people so it was an adjustment."
Still, he recognizes other changes won't be as pleasant.
"Two months from now, I predict no one will be able to understand me [speak]," Spaulding said, noting his rapid decline in the past two months. He has obtained computer software, which is designed to speak for him.
Last month, Spaulding married longtime girlfriend Jane Hustead, a former prosecutor and now circuit judge in Cabell County. He said he wanted to marry her in 1979, but said, "she panicked." They continued dating, but because Hustead thought it would be best to live in Cabell while she was prosecutor, and Spaulding had to live in Putnam, where he was elected, the two waited.
"Now I'm not required to live in Hurricane," Spaulding said. "[Hustead] has helped me so much. Most people can't understand me on the phone, and she speaks for me."
Doctors have predicted he has anywhere from two to five years to live. He plans to enjoy that time with his wife and also has planned a train trip across the United States with friends.
"The trip is designed so we'll see the prettiest parts during the day," he said.
Accepting that his retirement is a reality has made a noticeable difference in how he feels from day to day, Spaulding said.
"I didn't realize how much stress I was under being a judge. Every case was so mentally challenging," he said. "But it's hard, I don't want to retire.... I have ALS and that's the way it is. I've got to move on and hope the person who sits in this seat next shares my values -- and then I'll be satisfied."
Reach Kate White at kate.wh...@wvgazette.com or 304-348-1723.
