Investigation and impeachment proceedings of West Virginia Supreme Court justices (2018)
On June 25, 2018, Gov. Jim Justice (R) issued a proclamation for the West Virginia State Legislature to convene a special session to discuss:[1][2]
“ | Matters relating to the removal of one or more Justices of the Supreme Court of Appeals of West Virginia, including, but not limited to, censure, impeachment, trial, conviction, and disqualification.[3] | ” |
Timeline of events
This section provides a timeline of impeachment proceedings and related events. Entries are listed in reverse chronological order, with the most recent events appearing first. Click on the gray boxes for more details.
- For background information, click here.
- For information on impeachment in West Virginia, click here.
- For information on the West Virginia Supreme Court of Appeals, click here.
February 13, 2019
November 21, 2018
November 12, 2018
November 9, 2018
October 25, 2018
October 19, 2018
October 15, 2018
October 11, 2018
October 2, 2018
October 1, 2018
September 27, 2018
September 24, 2018
September 21, 2018
September 11, 2018
September 7, 2018
August 25, 2018
August 20, 2018
August 14, 2018
August 13, 2018
August 9, 2018
August 7, 2018
August 6, 2018
August 1, 2018
July 27, 2018
July 26, 2018
July 13, 2018
July 12, 2018
July 11, 2018
June 26, 2018
June 25, 2018
Background
Supreme Court renovations
In November 2017, WCHS Eyewitness News reporter Kennie Bass released a report detailing renovation and office furniture spending in the supreme court justice chambers. The report highlighted $900,000 in planned renovations beginning in 2009 that ended up costing $3.7 million. Bass used court invoices obtained from a Freedom of Information Act request to note the cost:
- $363,000 for Justice Loughry's office, including a $32,000 couch and a $7,500 wooden inlaid floor.
- $500,278 for Justice Davis, including $28,000 rugs.
- $111,035 for Justice Workman.
- $193,909 for Justice Ketchum.
- $130,654 for Justice Walker. Walker's office was renovated in 2010 by then-Justice Brent Benjamin. Bass reported Benjamin's office renovations cost $264,301.[66]
Loughry said Court Administrator Steve Canterbury was responsible for much of the spending. The court voted 3-2 in January 2017 to terminate Canterbury. Canterbury, however, said he was following orders and that the justices were fully aware of the costs associated with the renovations.[66]
Initial calls for impeachment
In January 2018, Del. Mike Pushkin (D) called for an investigation into Loughry and the supreme court. He introduced a resolution in February directing the House Judiciary Committee to investigate and decide if impeachment was warranted.[67][68] The resolution did not make it out of committee.
Judicial Investigation Commission
In February 2018, the state Judicial Investigation Commission (JIC) launched an investigation into Loughry. On June 6, the JIC filed a 32-count judicial complaint against Loughry, alleging he made "false statements with the deliberate intent to deceive" and "gave disinformation with the intent to harm another person." The commission specifically said Loughry lied repeatedly about the cost of court renovations, moved state property to his home, violated court policy by installing a home office, and hid a federal subpoena from other court justices. He was suspended from the bench without pay on June 8.[69][70]
On October 22, 2018, the JIC filed an amended complaint with one additional charge against Loughry. The charge related to Loughry's conviction in federal court on October 12.[71] Click here for more information about Loughry's criminal trial and conviction.
Legislative audits
The state legislative auditor published three audits in April, May, and June 2018.[58]
The April 2018 audit alleged Justices Ketchum and Loughry used state vehicles for personal reasons and failed to report the use on their federal income tax returns. Ketchum retroactively updated his returns and repaid the state for his travel expenses. Loughry disputed the audit's findings. The audit also concluded the court did not comply with federal tax law despite being aware of the non-compliance by 2016.[72]
The May 2018 audit examined the use of state vehicles by the other three justices and by Court Administrator Steve Canterbury. The audit found that Justices Davis, Workman, and Walker did not abuse the system but questioned Canterbury's use of rental cars. Canterbury reimbursed the state for the cost of rental cars reserved with state funds but used for personal reasons. Chief Justice Workman said the court was taking steps to improve its record-keeping system.[73]
The audit also concluded the court violated purchasing card policies by purchasing gift cards without the state auditor's permission. Workman said the court was working on improving its accountability system.[73]
The June 2018 audit examined the court's spending between 2012 and 2016. It found the court had a $29 million surplus in 2012 that fell to $333,514 in 2016. Workman said the funds went towards raises, investments in drug courts, and office renovations.[74]
Charges against Justice Loughry
Between June and August 2018, Justice Loughry was charged with 25 federal counts:
- 17 counts of wire fraud
- 3 counts of mail fraud
- 3 counts of making false statements
- 1 count of obstruction of justice
- 1 count of witness tampering.[75]
On October 3, federal prosecutors dropped one count of obstruction of justice, one count of lying to federal investigators, and one count of mail fraud, decreasing the charges to 22 total counts.[76]
Loughry was accused of improperly using state vehicles, spending state funds for personal use, keeping state-owned property at his home, and lying to federal investigators.[69]
Loughry pleaded not guilty in federal court August 23.[77] A trial began October 3.[76] On October 12, the jury found Loughry guilty of 11 counts and innocent of 10 counts. The jury was hung on one count.[78] Click here for more information.
Impeachment in West Virginia
Article IV, Section 9 of the West Virginia Constitution states:
“ | Any officer of the state may be impeached for maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor.[3] | ” |
The section gives the House of Delegates the sole power of impeachment and the Senate the sole power to try impeachments. For the process to advance to the Senate, a majority of the House (51 members) must approve articles of impeachment. Conviction requires approval by two-thirds of the Senate (23 members). Conviction could result in the removal from office and disqualification to hold office.[79][52]
The article also states that the chief justice of the Supreme Court of Appeals shall preside at the court of impeachment unless it would "be improper for him to act," in which case another supreme court justice would be designated to preside.[52][80]
During the impeachment trials, the Senate acts as a jury and select House members act as prosecutors, known as managers. The five House managers were:
- House Judiciary Chairman John Shott (R),
- House Judiciary Vice Chairman Roger Hanshaw (R),
- Delegate Ray Hollen (R),
- Delegate Rodney Miller (D), and
- Delegate Andrew Byrd (D).[31]
According to the Brennan Center for Justice, impeachment and removal of judges from office are rare. Citing research from the American Judiciary Society and the National Center for State Courts, the Brennan Center noted that two state supreme court justices were impeached between 1993 and 2018—one in Pennsylvania was removed from office (1993-1994) and one in New Hampshire (2000) was impeached but acquitted.[81][82]
The first recorded impeachment in West Virginia took place in 1875, when the treasurer was impeached and removed from office and the state auditor was impeached but acquitted by the state Senate.[83]
Prior to the start of the 2018 impeachment proceedings, the most recent proceeding in West Virginia took place in March 1989, when the House brought 17 articles of impeachment against state treasurer A. James Manchin. Manchin resigned before the state Senate could conduct a trial.[83]
Responses to impeachment
Democratic and some Republican members of the state House of Delegates argued against impeachment. Two delegates in particular argued the proceedings were political ploys for Republican Gov. Jim Justice to replace a 3-2 Democratic-majority court with Republican justices.[84]
West Virginia's judicial elections were partisan until 2016. Justices Loughry and Walker were elected as Republicans while Justices Davis, Ketchum, and Workman were elected as Democrats.[85]
- Del. Barbara Fleischauer (D) told NPR the proceedings were "a coup. [Republican legislative leaders] dragged this out all summer long, and suddenly they put this on the agenda."[85][86]
- Del. Mike Pushkin (D) introduced a resolution to impeach Loughry in February 2018. At the time, state Senate President Mitch Carmichael (R) dismissed the resolution as a political manoeuver. After the proceedings began, Pushkin said, "Now, I see an effort to capitalize on this entire affair by taking out an entire branch of government and replacing it through appointments."[87]
- House Judiciary Committee Chairman Del. John Shott (R) denied political manoeuvering. He told the Charleston Gazette-Mail, "Especially in an election year, there's going to be people who will spin it however it creates the most advantage to them. That's just part of the process."[87]
Del. Chad Lovejoy (D) questioned the legislature's authority to impeach the judicial branch.[88]
“ | When we go in and eliminate four of [the supreme court justices] based on inappropriate spending, make no mistake we are eliminating a separate branch of government.[3] | ” |
Del. John Kelly (R) voted against the articles of impeachment related to spending. He also wanted to recuse himself from articles pertaining to Justice Walker since he donated to her campaign. On office expenditures, he said:[86]
“ | It’s idiotic, but it’s not against the law. There is no precedent. There is no code. There is no statute that comes back and says ‘this is illegal.’ It’s not there. We can fabricate it, we can think about it, but it’s not there.[3] | ” |
House Judiciary Committee Chairman Del. John Shott supported the impeachment:[89]
“ | No one takes joy in this process. Unfortunately, as we pursued the evidence, it became clear that the state Supreme Court has been overcome by a culture of entitlement and cavalier indifference with regard to the spending of taxpayer money.[3] | ” |
Del. Michael Folk (R) also expressed support. Folk said of the justices, "They think they’re better than everybody in this state that works a blue collar job! The average citizen in the state of West Virginia is appalled."[84]
West Virginia Supreme Court of Appeals justices
The Supreme Court of Appeals of West Virginia is the highest court in West Virginia. The court has five justices who are elected in nonpartisan elections to 12-year terms.
Prior to the start of the impeachment proceedings, the five justices were:
- Robin Jean Davis—Resigned August 14, 2018
- Beth Walker
- Allen Loughry—Resigned November 12, 2018
- Margaret Workman
- Menis Ketchum—Resigned July 27, 2018
See also
Elections | West Virginia State Government | State Legislatures | State Politics |
---|---|---|---|
![]() |
![]() |
![]() |
![]() |
External links
- Search Google News for this topic
- West Virginia Legislature Homepage
- West Virginia Supreme Court of Appeals
Footnotes
- ↑ Office of the West Virginia Governor, "Gov. Justice issues proclamation calling for special session of Legislature on Tuesday, June 26, 2018," June 25, 2018
- ↑ 2.0 2.1 2.2 The State Journal, "Gov Justice calls for special session Loughry, other justices," June 25, 2018
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ WCHS, "Former West Virginia Supreme Court Justice Allen Loughry sentenced to prison," February 13, 2019
- ↑ Fox 11 Eyewitness News, "Supreme Court will not reconsider ruling that blocked impeachment trials for justices," November 21, 2018
- ↑ Office of the Governor Jim Justice, "Gov. Justice receives letter of resignation from Supreme Court Justice Allen Loughry," November 10, 2018
- ↑ Office of the Governor Jim Justice, "Gov. Justice issues proclamation calling for special session of Legislature on Tuesday, November 13, 2018," November 9, 2018
- ↑ Office of the Governor Jim Justice, "Gov. Justice Rescinds Tuesday Special Session of the Legislature," November 11, 2018
- ↑ 9.0 9.1 Metro News, "Acting Supreme Court clarifies that Davis, Loughry trials should be halted too," October 25, 2018
- ↑ 10.0 10.1 Metro News, "Justice Loughry, although convicted, now wants his impeachment trial tossed," October 19, 2018
- ↑ 11.0 11.1 11.2 Fox News, "West Virginia Supreme Court blocks justice's impeachment trial," October 11, 2018
- ↑ 12.0 12.1 12.2 12.3 Metro News, "Updates: Impeachment trial or no impeachment trial," October 15, 2018
- ↑ 13.0 13.1 West Virginia News, "Senators struggle with response to WV Supreme Court ruling on impeachment trial," October 15, 2018
- ↑ 14.0 14.1 The Weirton Daily Times, "Court asked to reconsider Workman petition," October 16, 2018
- ↑ 15.0 15.1 The Register-Herald, "No impeachment trial planned, but WV lawmakers aren't backing down," October 12, 2018
- ↑ 16.0 16.1 Charleston Gazette-Mail, "With Workman impeachment trial blocked, Senate debates next move," October 15, 2018
- ↑ United States District Court for the Southern District of West Virginia, Robin Jean Davis v. Jim Justice, Governor, et. al., October 15, 2018
- ↑ 18.0 18.1 18.2 Charleston Gazette-Mail, "Davis federal case slows in wake of state court rulingDavis federal case slows in wake of state court ruling," October 17, 2018
- ↑ Metro News, "State Supreme Court rules to prevent Workman impeachment trial," October 11, 2018
- ↑ 20.0 20.1 WV News, "West Virginia circuit judges sitting as justices block Workman impeachment articles," October 11, 2018
- ↑ Metro News, "Path forward on W.Va. impeachment trials isn’t clear," October 14, 2018
- ↑ 22.0 22.1 22.2 22.3 Turn to 10, "WV Senate publicly reprimands, censures Justice Walker after voting to keep her in office," October 2, 2018
- ↑ 23.0 23.1 WV News, "W.Va. Senate rejects impeachment, approves censure of state Supreme Court Justice Beth Walker," October 1, 2018
- ↑ 24.0 24.1 24.2 24.3 24.4 Metro News', "Updates: Justice Walker takes the stand in her impeachment trial," October 1, 2018
- ↑ 25.0 25.1 Metro News, "Senate files response to Workman’s effort to halt impeachment trial," September 27, 2018
- ↑ 26.0 26.1 26.2 Charleston Gazette-Mail, "Justice Workman seeks impeachment dismissal in Senate," September 24, 2018
- ↑ Charleston Gazette-Mail, "WV Supreme Court schedules hearing on Workman motions for Oct. 15," September 25, 2018
- ↑ Metro News, "Judges named to hear Chief Justice Workman’s impeachment petition," September 24, 2018
- ↑ 29.0 29.1 WVNews, "West Virginia Chief Justice Workman files appeal on impeachment proceedings," September 22, 2018
- ↑ The Weirton Daily Times, "Workman challenges impeachment effort against her," September 23, 2018
- ↑ 31.0 31.1 31.2 31.3 31.4 31.5 31.6 Metro News, "Updates: Trial dates set for W.Va. justices Loughry, Workman, Walker and Davis," September 11, 2018
- ↑ The Register-Herald, "WV Senate rejects Supreme Court settlement," September 11, 2018
- ↑ 33.0 33.1 Charleston Gazette-Mail, "WV Senate rejects deal, motions to dismiss articles of impeachment," September 11, 2018
- ↑ 34.0 34.1 34.2 34.3 The Inter-Mountain, "Senate to begin impeachment trial," September 10, 2018
- ↑ 35.0 35.1 35.2 Charleston Gazette-Mail, "Supreme Court officials question timing of audit ahead of impeachment proceedings," September 10, 2018
- ↑ The Register-Herald, "Administrator defends justices," September 17, 2018
- ↑ 37.0 37.1 37.2 Charleston Gazette-Mail, "Walker asks WV Senate to dismiss impeachment article," September 7, 2018
- ↑ Metro News, "Justice Walker asks to be dismissed from impeachment charge," September 7, 2018
- ↑ Charleston Gazette-Mail, "Justice Workman requests trial start date, plans motions to dismiss impeachment charges," September 8, 2018
- ↑ The Weirton Daily Times, "Justice appoints Armstead, Jenkins to Supreme Court," August 26, 2018
- ↑ West Virginia Public Broadcasting, "West Virginia Senate Adopts Rules for Supreme Court Impeachment Trials," August 20, 2018
- ↑ Metro News, "WV impeachment: Senators establish rules for trial," August 20, 2018
- ↑ U.S. News & World Report, "West Virginia Senate OKs Rules for Impeachment Trials," August 20, 2018
- ↑ Metro News, "Justice Davis announces retirement from state Supreme Court, amid impeachment," August 14, 2018
- ↑ NPR, "West Virginia House Votes To Impeach 3 State Supreme Court Justices," August 13, 2018
- ↑ West Virginia Legislature, "House Adopts Articles of Impeachment Against State Supreme Court Justices," August 14, 2018
- ↑ Metro News, "Disagreement on Supreme Court concerning Farrell appointment," August 10, 2018
- ↑ 48.0 48.1 48.2 Metro News, "Impeachment Day 8: Articles of impeachment under consideration for all justices of WV Supreme Court," August 7, 2018
- ↑ West Virginia Legislature, "Draft: Articles of impeachment for the justices of the Supreme Court of Appeals of West Virginia," accessed August 7, 2018
- ↑ 50.0 50.1 50.2 50.3 50.4 50.5 Charleston Gazette-Mail, "Lawmakers tour Supreme Court as part of impeachment proceedings," August 6, 2018
- ↑ Fox 11 Eyewitness News, "West Virginia House Judiciary Committee resumes review of evidence in impeachment probe," August 6, 2018
- ↑ 52.0 52.1 52.2 52.3 Charleston Gazette-Mail, "WV House Dems draft articles of impeachment against Loughry," August 1, 2018 Cite error: Invalid
<ref>
tag; name "article" defined multiple times with different content - ↑ 53.0 53.1 Charleston Gazette-Mail, "Judiciary gets fresh set of invoices for WV Supreme Court renovations," July 27, 2018
- ↑ Metro News, "Impeachment Day 5: Former Supreme Court administrator Canterbury takes the stand," July 26, 2018
- ↑ 55.0 55.1 West Virginia Public Broadcasting, "Impeachment Proceedings Head into Third Round, Loughry Pleads Not Guilty to Obstruction Charge," July 25, 2018
- ↑ Public News Service, "WV Lawmakers Get Some Answers on State Supreme Court Budget," July 27, 2018
- ↑ 57.0 57.1 57.2 Metro News, "Impeachment Day 2: Supreme Court IT chief says he felt intimidated," July 13, 2018
- ↑ 58.0 58.1 58.2 58.3 58.4 Metro News, "Blog: First day of impeachment covers cars, antique desk, gift cards," July 12, 2018
- ↑ 59.0 59.1 Metro News, "Justice Ketchum steps away from the Supreme Court," July 11, 2018
- ↑ The Intelligencer, "Court of Appeals To Be Evaluated for Impeachment," June 23, 2018
- ↑ Under state law, if a supreme court vacancy occurs after the 84th day before a general election and the term ends December 31 after the following election in two years, the governor can appoint a justice to serve the remainder of the term. West Virginia Legislature, "West Virginia Code §3-10-3. Vacancies in offices of state officials, United States Senators, Justices judges, and magistrates," accessed August 8, 2018
- ↑ WOWKTV.com, "Impeachment Probe Underway at WV Capitol," June 26, 2018
- ↑ The News Center, "UPDATE: W.Va. House OKs committee's investigation of possible misconduct by Supreme Court justices," June 26, 2018
- ↑ Metro News, "Supreme Court impeachment process kicks off in West Virginia," June 26, 2018
- ↑ Office of the West Virginia Governor, "Gov. Justice issues proclamation calling for special session of Legislature on Tuesday, June 26, 2018," June 25, 2018
- ↑ 66.0 66.1 WCHS Eyewitness News, "Waste Watch Exclusive Investigation: WV Supreme Court spending examined," November 14, 2017
- ↑ The State Journal, "Chances of impeachment slim for chief justice," January 22, 2018
- ↑ Times West Virginian, "House resolution to begin Allen Loughry impeachment investigation assigned to Committee on Rules," February 20, 2018
- ↑ 69.0 69.1 Charleston Gazette-Mail, "WV Supreme Court justice Loughry indicted on fraud, other charges," June 20, 2018
- ↑ Metro News, "Justice Loughry named in 32-count judicial complaint saying he lied over and over," June 6, 2018
- ↑ The Intelligencer, "West Virginia Judicial Investigation Commission Files New Complaint Against Allen Loughry," October 23, 2018
- ↑ Metro News, "Audit: Justices may have violated tax laws, Ethics Act for vehicle use," April 16, 2018
- ↑ 73.0 73.1 Metro News, "Supreme Court use of cars is focus of legislative audit again," May 20, 2018
- ↑ Metro News, "WV court system built up millions in surplus, spent it down and built it up again," June 24, 2018
- ↑ West Virginia Record, "Grand jury tacks on two more charges to Loughry's federal indictment," August 15, 2018
- ↑ 76.0 76.1 Metro News, "Justice Loughry’s federal trial starts with 2 interpretations of wrongdoing," October 3, 2018
- ↑ The Weirton Daily Times, "Loughry, Ketchum have day in federal court," August 24, 2018
- ↑ The Weirton Daily Times, "Jury returns guilty verdicts in trial of Justice Loughry," October 13, 2018
- ↑ WOWKTV.com, "Impeachment Case Moves to WV Senate," August 20, 2018
- ↑ Sixth Judicial Circuit Judge Paul Farrell was chosen to preside over the impeachment proceedings. Metro News, "Disagreement on Supreme Court concerning Farrell appointment," August 10, 2018
- ↑ Brennan Center for Justice, "Impeachment and Removal of Judges: An Explainer," March 23, 2018
- ↑ The New York Times, "New Hampshire Supreme Court Justice Is Acquitted in His Impeachment Trial," October 11, 2000
- ↑ 83.0 83.1 Metro News, "A brief history of impeachment in West Virginia," June 27, 2018
- ↑ 84.0 84.1 The New York Times, "A Coup or a Couch? What’s Behind the Impeachment of West Virginia’s Supreme Court," August 14, 2018
- ↑ 85.0 85.1 NPR, "West Virginia House Panel Votes To Impeach Entire Supreme Court," August 8, 2018
- ↑ 86.0 86.1 The Parkersburg News and Sentinel, "A closer look at the articles of impeachment," August 15, 2018
- ↑ 87.0 87.1 Charleston Gazette-Mail, "WV House committee approves 14 articles of impeachment against justices," August 7, 2018
- ↑ Metro News, "Delegates advance impeachment articles against 4 W.Va. justices," August 14, 2018
- ↑ The Wall Street Journal, "West Virginia Court Impeachment Sets Up a Legal Showdown," August 14, 2018