Darrell Vivian McGraw, Jr.
Darrell Vivian McGraw, Jr. died on December 7, 2024. He left an indelible mark on West Virginia, using the rule of law to forge a better life for citizens of his beloved state.
He was born in McGraws-Tipple, Wyoming County, West Virginia on November 8, 1936, the eldest son of Darrell Vivian McGraw, Sr. and Julia Zekany McGraw. Darrell Sr. and Julia both graduated from Kentucky’s Berea College and took the college’s motto as their own creed: God has made of one blood all peoples of the earth. [Acts 17-26] The McGraws instilled this same belief in Darrell Jr., who went on to devote his life to the service of West Virginians.
McGraw served in the United States Army for three years before enrolling at West Virginia University, where he was elected Student Body President in 1960. In that capacity, he led the student effort to salvage the mast of the USS West Virginia from scrap and bring the mast to WVU, where it still stands today. McGraw went on to graduate from WVU College of Law, after which he served as counsel to Governor Hulett Smith and later the West Virginia Legislature.
He served twelve years on the West Virginia Supreme Court, beginning in 1977. During his time on the Court, McGraw authored the majority opinion in Mandolidis v. Elkins Industries, Inc., which expanded injured workers’ rights to recover against employers who deliberately place employees in harm’s way. He joined the majority in Pauley v. Kelly, which he considered the Court’s most important decision, in holding that West Virginia’s Constitution required the legislature to establish standards to ensure that that all the state’s children have access to a “thorough and efficient system of education.”
In 1992, he was elected Attorney General, an office he held for twenty years. With the help of his protégé Fran Hughes—among many other gifted staff—he created a nationally recognized consumer protection division. His leadership role in the tobacco litigation and resulting settlement in 1998 brought two billion dollars to West Virginia. In 2001, McGraw was the first attorney general in the nation to bring suit against Purdue Pharma, makers of Oxycontin, for their illegal marketing practices. The lawsuit served as the model for other states and governmental entities, and in November 2004, Purdue Pharma agreed to a ten million dollar settlement with West Virginia. In 2012, McGraw filed suit against various drug distributors for oversupplying rural pharmacies with prescription opioids, which later led to settlements with Cardinal Health, Inc., and AmerisourceBergen Drug Company, among others, totaling nearly $40 million.
Known as “Darrell V.” to kin and as “the Judge” to those he worked with, his success in politics can be attributed only to his integrity and unwavering commitment to service. He never took a decision for popularity or personal gain, sometimes seeming to act in direct defiance of the established political order, even within his own party. While he was well-known as a stalwart Democrat, he preferred to describe himself as a progressive, which he defined as “those who believe the world can be improved.”
Beyond his vocational dedication to bettering the lives of all, he took an individual interest in promoting those around him. He frequently went out of his way to create educational and job opportunities for anyone who sought his aid. He was defined by his loyalty and commitment to his family. For all his professional success, he took greatest pride in the accomplishments of his wife, former WV State Superintendent of Schools Jorea Marple, his four children, and every member of the extended McGraw clan. He was instrumental in shaping the political career of his late brother Warren McGraw, who also served on the WV Supreme Court, and as WV Senate President.
He delighted in children and animals, and—as he frequently pointed out—they liked him, too. In his later years as Attorney General, he was frequently recognized around the State Capitol grounds walking his beloved dog Malcolm, whom he eagerly professed was the “most outstanding” of all dogs. He was a connoisseur of used cars, aided and abetted by his good friend David Saul.
He had an exhaustive knowledge of his own family history, on both the McGraw and Zekany sides. He would frequently astound new friends with his knowledge of their family history, and—often—how it overlapped with his own. He was fascinated by the personal story of everyone he met.
He was a prodigious intellect and a teacher to everyone around him. In retirement, he spent his days reading and he continued learning until his very last day. He loved nothing more than to discuss history, economics, politics or law with his close friends and family, in particular, his nephew Randolph McGraw and his longtime friend and colleague Justice Thomas McHugh. Although the wisdom that died with him is irreplaceable, the knowledge he imparted to those who knew him is among his most impactful legacies.
He is survived by his wife of forty-seven years, Jorea Marple; four children, Julia Elizabeth McGraw (Randy Austin) of Baltimore, Maryland, Sarah Ruth Plaster (Bruce) of Cornelius, Oregon, Darrell Vivian McGraw III (Marianna) of Manama, Bahrain, and Elliott Catherine Zekany McGraw of Washington, D.C; and four grandchildren, Lillie Austin, Darrell Vivian McGraw IV, Benjamin David McGraw, Daniel Alexander McGraw; brothers Timothy McGraw of Mullens, WV and Mark McGraw of Beckley, WV; and countless other nieces, nephews and cousins, including his nephew and live-in physician Dr. Jameson Fleming, and his adored great-niece Arleigh Hunter. There are many more who carry forth his legacy and not all can be named, he was a consummate patriarch.
The family is deeply grateful to Dr. William Harris for fifty years of unparalleled care, and physical therapist Dr. Leslie Johnson, for her role in ensuring an undiminished quality of life in his final year.
All those mentioned and all others who knew him will dearly miss the power of Darrell’s gentle presence, his invaluable counsel, and his inimitable laugh.
We will celebrate his life on December 17, 2024, at 2pm at the West Virginia State Museum (formerly Cultural Center), State Capitol Complex. Darrell V. McGraw Jr. will lie in state beginning at noon. Following the service, he will receive full military rites. In lieu of flowers, the family suggests donations on his behalf to Common Grounds Food Pantry, 6600 MacCorkle Ave SE, Charleston, WV, or your local VFW branch.
Online condolences and memories may be shared by visiting www.snodgrassfuneral.com. Arrangements are in care of Snodgrass Funeral Home, South Charleston.
Judge McGraw was a true friend and wonderful leader. We will miss him greatly.
He was a giant among us, a giant in intellect, goodness and decency, someone who worked tirelessly for us, the people. Rest in peace, Darrell.
May your beautiful memories of a remarkable life bring you comfort and peace. I wish you healing and peace.
Praying for the McGraw family
I had the distinct honor of working for Judge McGraw. I learned many lessons and truths that I will always carry with me. The obituary captures the Judge’s essence, but it would be book length to address all his accomplishments, the devotion to the people he served, and the raising up of others. He was a people’s progressive who got things done. He had a true passion for a just and good society coupled with an ethos of effective liberalism and inclusion. Our state was and is better for his tireless public service. He will be greatly missed. I wish all the family peace and comfort.
Darrell was a tireless advocate for all the people. He never forgot who you are and conveyed that no matter when or where you saw him, he knew your name. Many campaigns I helped with that won him reelection. He will be missed as a friend, a great judge and advocate for public employees. My condolences to the family.
R. I. P.
Darrell McGraw was a true West Virginian who devoted his life to his family and all mountaineers. He represented the best of values and always had a smile. Darrel and his brother Warren were 2 of the best Men I have ever met and they helped teach me and the brothers and sisters of the Bar what a lawyer should be. We thank them for their great leadership of our State and Judiciary. May Darrell rest in peace.
Sad! I long for the type of caring leadership provided by Darrell, Warren, McHugh and Joe Powell. These men were so unlike what we see today. One example, Darrell’s involvement in education for our children; today the Republicans (put into power by our citizens) are tearing down education. As someone that has no education of law, I can’t help but wonder if the Republicans’ actions are unconstitutional regarding education!
Yes, I long for the days of leaders like the aforementioned.
Rest in peace!