Justice Warren McGraw:Press

Justice Warren McGraw's camp strongly disagrees, but the West Virginia Chamber of Commerce stands by its contention that 167 doctors have fled the state because of a hostile bench.

McGraw, seeking a 12-year term on the court, isn't mentioned by name in the latest chamber ad, which a McGraw campaign aide labeled a "smear."

Rather than lose doctors, the aide said, the state had 5,026 licensed and 3,317 practicing as of New Year's Eve 1997. Five years after McGraw won his post in 1998, the numbers had risen to 5,182 and 3,575, respectively.

"Don't be fooled by this attempt by a group representing multi-national corporations to tell you what is best for you," the McGraw spokesman said.

Briefly, the disputed ad was put on hold, but Steve Roberts, president of the state chamber, said Thursday it would resume as soon as air time is available.

Roberts stood by the 167-doctor count, saying it was provided by the U.S. Census.

"We weighed the validity of the U.S. Census data and are notifying the various stations where the ad is running that we will resume advertising today, if possible, but certainly this week," he said.

"During that time, we strengthened our message and have strengthened our buy."

Once the ads resume, Roberts pledged to provide the media with a full transcript.

"Our effort is an educational effort that is intended to help demonstrate that a court that is out of balance does have an impact on the lives of good, hard-working West Virginians," he said.

"In this case, we are taking a look at the impact court decisions have had on health care."

In one instance, he said, the bench reversed a circuit court decision, creating liability for a health care provider.

McGraw is running against Greenbrier County Circuit Judge Jim Rowe in the Democratic primary.

Rowe has strongly criticized "the McGraw Majority" on the bench, saying his opponent and two fellow justices have voted consistently against businesses and the medical community.

Roberts said the chamber is attempting to illustrate efforts to attract and retain physicians have been "made worse by a hostile legal environment."

"We've been saying for about two years we're going to make an examination of the impact the court has on certain aspects of quality of life here in West Virginia," he said.

"We're illustrating that when a court is out of kilter, it has an impact on everybody. We do not name Justice McGraw in our ads chiefly because we have said our program is intended to shine a bright light on the court itself and to encourage West Virginia citizens to take a look at and consider the importance of the Supreme Court with regard to quality of life in West Virginia."

Roberts said the chamber is contemplating other television ads.

"We're gauging the impact of this message," he said.

"We'll make those decisions after we've had a chance to see how the message is received and how well it's understood."