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Investigation and impeachment proceedings of West Virginia Supreme Court justices (2018)

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Justices under investigation: Robin Davis
Allen Loughry
Beth Walker
Margaret Workman

Related pages
2018 West Virginia legislative session
West Virginia Supreme Court of Appeals
West Virginia Supreme Court of Appeals special elections, 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]


HIGHLIGHTS
  • The issue: Investigation and impeachment proceedings, launched in June 2018, stemmed from the justices' alleged misuse of over $1 million in state funds, specifically relating to courthouse office renovations; misuse of state vehicles; and illegal payments to senior judges.
  • The outcome: On October 2, 2018, the Senate censured Justice Beth Walker but did not remove her from office. On October 11, temporary supreme court justices blocked the Senate from conducting an impeachment trial for Justice Margaret Workman. The ruling was later applied to Justices Robin Davis and Allen Loughry. Between July and November 2018, Justices Menis Ketchum, Davis, and Loughry resigned from the supreme court.
  • The court: The West Virginia Supreme Court of Appeals consists of five justices. Click here for more information.
  • 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

    Allen 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:

    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

    See also: Supreme Court of Appeals of West Virginia

    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:

    See also

    Elections West Virginia State Government State Legislatures State Politics
    Ballotpedia Elections Badge-VOTE-no shadow-Square.jpg
    West Virginia State Flag-Close Up.jpg
    State Houses-Tile image.png
    State Courts-Tile image.png

    External links

    Footnotes

    1. 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. 2.0 2.1 2.2 The State Journal, "Gov Justice calls for special session Loughry, other justices," June 25, 2018
    3. 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.
    4. WCHS, "Former West Virginia Supreme Court Justice Allen Loughry sentenced to prison," February 13, 2019
    5. Fox 11 Eyewitness News, "Supreme Court will not reconsider ruling that blocked impeachment trials for justices," November 21, 2018
    6. Office of the Governor Jim Justice, "Gov. Justice receives letter of resignation from Supreme Court Justice Allen Loughry," November 10, 2018
    7. Office of the Governor Jim Justice, "Gov. Justice issues proclamation calling for special session of Legislature on Tuesday, November 13, 2018," November 9, 2018
    8. Office of the Governor Jim Justice, "Gov. Justice Rescinds Tuesday Special Session of the Legislature," November 11, 2018
    9. 9.0 9.1 Metro News, "Acting Supreme Court clarifies that Davis, Loughry trials should be halted too," October 25, 2018
    10. 10.0 10.1 Metro News, "Justice Loughry, although convicted, now wants his impeachment trial tossed," October 19, 2018
    11. 11.0 11.1 11.2 Fox News, "West Virginia Supreme Court blocks justice's impeachment trial," October 11, 2018
    12. 12.0 12.1 12.2 12.3 Metro News, "Updates: Impeachment trial or no impeachment trial," October 15, 2018
    13. 13.0 13.1 West Virginia News, "Senators struggle with response to WV Supreme Court ruling on impeachment trial," October 15, 2018
    14. 14.0 14.1 The Weirton Daily Times, "Court asked to reconsider Workman petition," October 16, 2018
    15. 15.0 15.1 The Register-Herald, "No impeachment trial planned, but WV lawmakers aren't backing down," October 12, 2018
    16. 16.0 16.1 Charleston Gazette-Mail, "With Workman impeachment trial blocked, Senate debates next move," October 15, 2018
    17. United States District Court for the Southern District of West Virginia, Robin Jean Davis v. Jim Justice, Governor, et. al., October 15, 2018
    18. 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
    19. Metro News, "State Supreme Court rules to prevent Workman impeachment trial," October 11, 2018
    20. 20.0 20.1 WV News, "West Virginia circuit judges sitting as justices block Workman impeachment articles," October 11, 2018
    21. Metro News, "Path forward on W.Va. impeachment trials isn’t clear," October 14, 2018
    22. 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. 23.0 23.1 WV News, "W.Va. Senate rejects impeachment, approves censure of state Supreme Court Justice Beth Walker," October 1, 2018
    24. 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. 25.0 25.1 Metro News, "Senate files response to Workman’s effort to halt impeachment trial," September 27, 2018
    26. 26.0 26.1 26.2 Charleston Gazette-Mail, "Justice Workman seeks impeachment dismissal in Senate," September 24, 2018
    27. Charleston Gazette-Mail, "WV Supreme Court schedules hearing on Workman motions for Oct. 15," September 25, 2018
    28. Metro News, "Judges named to hear Chief Justice Workman’s impeachment petition," September 24, 2018
    29. 29.0 29.1 WVNews, "West Virginia Chief Justice Workman files appeal on impeachment proceedings," September 22, 2018
    30. The Weirton Daily Times, "Workman challenges impeachment effort against her," September 23, 2018
    31. 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
    32. The Register-Herald, "WV Senate rejects Supreme Court settlement," September 11, 2018
    33. 33.0 33.1 Charleston Gazette-Mail, "WV Senate rejects deal, motions to dismiss articles of impeachment," September 11, 2018
    34. 34.0 34.1 34.2 34.3 The Inter-Mountain, "Senate to begin impeachment trial," September 10, 2018
    35. 35.0 35.1 35.2 Charleston Gazette-Mail, "Supreme Court officials question timing of audit ahead of impeachment proceedings," September 10, 2018
    36. The Register-Herald, "Administrator defends justices," September 17, 2018
    37. 37.0 37.1 37.2 Charleston Gazette-Mail, "Walker asks WV Senate to dismiss impeachment article," September 7, 2018
    38. Metro News, "Justice Walker asks to be dismissed from impeachment charge," September 7, 2018
    39. Charleston Gazette-Mail, "Justice Workman requests trial start date, plans motions to dismiss impeachment charges," September 8, 2018
    40. The Weirton Daily Times, "Justice appoints Armstead, Jenkins to Supreme Court," August 26, 2018
    41. West Virginia Public Broadcasting, "West Virginia Senate Adopts Rules for Supreme Court Impeachment Trials," August 20, 2018
    42. Metro News, "WV impeachment: Senators establish rules for trial," August 20, 2018
    43. U.S. News & World Report, "West Virginia Senate OKs Rules for Impeachment Trials," August 20, 2018
    44. Metro News, "Justice Davis announces retirement from state Supreme Court, amid impeachment," August 14, 2018
    45. NPR, "West Virginia House Votes To Impeach 3 State Supreme Court Justices," August 13, 2018
    46. West Virginia Legislature, "House Adopts Articles of Impeachment Against State Supreme Court Justices," August 14, 2018
    47. Metro News, "Disagreement on Supreme Court concerning Farrell appointment," August 10, 2018
    48. 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
    49. West Virginia Legislature, "Draft: Articles of impeachment for the justices of the Supreme Court of Appeals of West Virginia," accessed August 7, 2018
    50. 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
    51. Fox 11 Eyewitness News, "West Virginia House Judiciary Committee resumes review of evidence in impeachment probe," August 6, 2018
    52. 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. 53.0 53.1 Charleston Gazette-Mail, "Judiciary gets fresh set of invoices for WV Supreme Court renovations," July 27, 2018
    54. Metro News, "Impeachment Day 5: Former Supreme Court administrator Canterbury takes the stand," July 26, 2018
    55. 55.0 55.1 West Virginia Public Broadcasting, "Impeachment Proceedings Head into Third Round, Loughry Pleads Not Guilty to Obstruction Charge," July 25, 2018
    56. Public News Service, "WV Lawmakers Get Some Answers on State Supreme Court Budget," July 27, 2018
    57. 57.0 57.1 57.2 Metro News, "Impeachment Day 2: Supreme Court IT chief says he felt intimidated," July 13, 2018
    58. 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. 59.0 59.1 Metro News, "Justice Ketchum steps away from the Supreme Court," July 11, 2018
    60. The Intelligencer, "Court of Appeals To Be Evaluated for Impeachment," June 23, 2018
    61. 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
    62. WOWKTV.com, "Impeachment Probe Underway at WV Capitol," June 26, 2018
    63. The News Center, "UPDATE: W.Va. House OKs committee's investigation of possible misconduct by Supreme Court justices," June 26, 2018
    64. Metro News, "Supreme Court impeachment process kicks off in West Virginia," June 26, 2018
    65. 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. 66.0 66.1 WCHS Eyewitness News, "Waste Watch Exclusive Investigation: WV Supreme Court spending examined," November 14, 2017
    67. The State Journal, "Chances of impeachment slim for chief justice," January 22, 2018
    68. Times West Virginian, "House resolution to begin Allen Loughry impeachment investigation assigned to Committee on Rules," February 20, 2018
    69. 69.0 69.1 Charleston Gazette-Mail, "WV Supreme Court justice Loughry indicted on fraud, other charges," June 20, 2018
    70. Metro News, "Justice Loughry named in 32-count judicial complaint saying he lied over and over," June 6, 2018
    71. The Intelligencer, "West Virginia Judicial Investigation Commission Files New Complaint Against Allen Loughry," October 23, 2018
    72. Metro News, "Audit: Justices may have violated tax laws, Ethics Act for vehicle use," April 16, 2018
    73. 73.0 73.1 Metro News, "Supreme Court use of cars is focus of legislative audit again," May 20, 2018
    74. Metro News, "WV court system built up millions in surplus, spent it down and built it up again," June 24, 2018
    75. West Virginia Record, "Grand jury tacks on two more charges to Loughry's federal indictment," August 15, 2018
    76. 76.0 76.1 Metro News, "Justice Loughry’s federal trial starts with 2 interpretations of wrongdoing," October 3, 2018
    77. The Weirton Daily Times, "Loughry, Ketchum have day in federal court," August 24, 2018
    78. The Weirton Daily Times, "Jury returns guilty verdicts in trial of Justice Loughry," October 13, 2018
    79. WOWKTV.com, "Impeachment Case Moves to WV Senate," August 20, 2018
    80. 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
    81. Brennan Center for Justice, "Impeachment and Removal of Judges: An Explainer," March 23, 2018
    82. The New York Times, "New Hampshire Supreme Court Justice Is Acquitted in His Impeachment Trial," October 11, 2000
    83. 83.0 83.1 Metro News, "A brief history of impeachment in West Virginia," June 27, 2018
    84. 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. 85.0 85.1 NPR, "West Virginia House Panel Votes To Impeach Entire Supreme Court," August 8, 2018
    86. 86.0 86.1 The Parkersburg News and Sentinel, "A closer look at the articles of impeachment," August 15, 2018
    87. 87.0 87.1 Charleston Gazette-Mail, "WV House committee approves 14 articles of impeachment against justices," August 7, 2018
    88. Metro News, "Delegates advance impeachment articles against 4 W.Va. justices," August 14, 2018
    89. The Wall Street Journal, "West Virginia Court Impeachment Sets Up a Legal Showdown," August 14, 2018