CHARLESTON, W.Va. - Shortly after being appointed and sworn in to fill the vacancy on the state Supreme Court Wednesday, Justice Thomas McHugh made clear he will not run for the seat in 2012.

However, he noted, "All options are open for 2010."

That would be the election for the remaining two years of the late Justice Joseph Albright's term. Albright died last month from complications of esophageal cancer.

McHugh, 73, who served on the high court from 1981 to his retirement in 1998, has filled in on the court for Albright since September.

Introducing McHugh, Gov. Joe Manchin told a large gathering in the governor's reception room that he had bypassed the traditional judicial selection process, in hopes that McHugh would accept appointment to the court.

"I have never had a total consensus on an appointment like this," said Manchin, saying that the business, labor, and legal communities all favored McHugh's appointment.

"He stepped to the plate, and continues to make personal sacrifices to serve the state," Manchin said.

One of those sacrifices includes giving back part of his salary, to assure that his judicial pension and salary will not exceed the $121,000 salary for the position.

"It took three CPAs to figure it out," McHugh said. "The end result is, I'll get what [other justices] get."

However, he noted, "All options are open for 2010."

That would be the election for the remaining two years of the late Justice Joseph Albright's term. Albright died last month from complications of esophageal cancer.

McHugh, 73, who served on the high court from 1981 to his retirement in 1998, has filled in on the court for Albright since September.

Introducing McHugh, Gov. Joe Manchin told a large gathering in the governor's reception room that he had bypassed the traditional judicial selection process, in hopes that McHugh would accept appointment to the court.

"I have never had a total consensus on an appointment like this," said Manchin, saying that the business, labor, and legal communities all favored McHugh's appointment.

"He stepped to the plate, and continues to make personal sacrifices to serve the state," Manchin said.

One of those sacrifices includes giving back part of his salary, to assure that his judicial pension and salary will not exceed the $121,000 salary for the position.

"It took three CPAs to figure it out," McHugh said. "The end result is, I'll get what [other justices] get."

"He puts the honor back in honorable," Manchin said of McHugh's insistence that he not double-dip a pension and full judicial salary.

"He came to me, and said, "I want to make sure I do not collect one penny more than a sitting justice," the governor said.

A bill supported by the governor (SB244) to prevent elected officials from retiring shortly before winning re-election, in order to return to office and draw both a pension and a salary, could pass the House today.

McHugh told Wednesday's gathering, which included family members and the four other Supreme Court justices, that "public service to the citizens of the state is one of the highest callings we can achieve."

He praised the professionalism of his colleagues: "They're excellent justices and judges, and it is a privilege for me to serve with them."

Both Manchin and McHugh took time to remember Albright.

The governor said Albright had a passion for public service, both as speaker of the House of Delegates and as a Supreme Court justice.

"He never lost that passion, from the first day I met him, until the last day I said goodbye," Manchin said.

Reach Phil Kabler at ph...@wvgazette.com or 304-348-1220.