Impeachment of the Supreme Court of Appeals of West Virginia, 2018

The Impeachment of the Supreme Court of Appeals of West Virginia, the highest court in that state, is a unique event in American history. While demands for such action are relatively common throughout the United States, and the removal of state judges by other means is not uncommon throughout the Union, the scandal of this proportion and the reaction to it is something new.

Background

In late 2017, WCHS-TV and other media outlets began reporting on spending by the Supreme Court of Appeals of West Virginia. Eventually, an investigation by the office of the United States Attorney for the Southern District of West Virginia was launched,^[1] and the court was audited by the state's legislative auditor.

Investigation

The legislative auditor found multiple irregularities in the court's practices including undocumented^[2] and commuting use of court-owned vehicles and the improper purchase of gift cards.^[3] Significant public attention was centered on spending for expensive office renovations, including a $32,000 couch for Justice Allen Loughry, and Loughry's use of an original Cass Gilbert-designed desk from the State Capitol at his home.^[4] Justice Menis Ketchum was reported to have used a state vehicle to travel from his home in Huntington to work, and for several vacation trips, without paying tax on the fringe benefit.^[5] Justice Ketchum then had his income tax amended to pay the back tax and repaid the state over $1600 for the issue.

Early in 2018, the other four justices voted to remove Allen Loughry from his position as chief justice when they became aware he had withheld the existence of a federal grand jury subpoena from them. On June 6, 2018, Loughry was charged with 32 violations of the state Code of Judicial Conduct.^[6] The Supreme Court, reconstituted with four circuit judges and a retired circuit judge appointed for that purpose, suspended Loughry without pay until further notice as a result of these charges.^[7]

On June 20, 2018 (West Virginia Day), Michael B. Stuart, the United States Attorney for the Southern District of West Virginia, announced a 22 count indictment against Loughry. He faces nearly 400 years in prison.^[8]

Impeaching the entire court

On June 26, 2018, the West Virginia House of Delegates assembled in special session to consider Loughry's or any other justice's impeachment.^[9] The matter was referred to the House Judiciary Committee. In the course of its investigation, additional issues were discovered relative to splitting the pay of "senior status judges", who are retired judges filling in certain circumstances and who can make no more than 25% of an active judges' salary, between IRS Form W-2 and Form 1099 in order to circumvent that rule; and of the court purchasing "working lunches" at taxpayer expense on a regular basis.^[10]

On July 11, 2018, Justice Ketchum resigned from the court. On July 31, 2018, he entered a guilty plea in the United States District Court for the Southern District of West Virginia in Charleston to one count of wire fraud.^[11]

On August 7, 2018, the House Judiciary Committee recommended that all four remaining justices be impeached. Loughry for lack of oversight, improper removal of the desk to his home, improper use of a government computer, improper use of state owned cars for personal travel, overspending on his office decorations, the overpaying of "senior status judges" and lying to the Legislature; Chief Justice Margaret Workman and Justice Robin Davis for overpaying of "senior status judges", lack of oversight, and overspending; and Justice Beth Walker for lack of oversight and overspending.^[10] On August 13, 2018, the full House of Delegates impeached the four remaining members of the court. On August 14, 2018, Davis retired from the court, effective August 13, 2018.^[12] The justices, other than Justice Walker who has already been tried, currently await trial on the impeachment in the West Virginia Senate.^[13] On August 13, 2018 conservativedailypost.com reported that the "West Virginia Supreme Court Judges All Impeached" and also said "An atmosphere of entitlement and cavalier disregard for the expenditure of taxpayer money has led to punishment of historic significance".^[14]

The Trials

The West Virginia Senate met on Monday, August 20, 2018 to receive the articles of impeachment from the House of Delegates and approve the rules governing the impeachment trials. In addition, the Senate confirmed that Cabell County Circuit Judge Paul Farrell, who had been temporarily designated by the Supreme Court to fill in for Loughry, will preside over all of the trials. The Senate also voted to try each of the justices separately with Farrell determining the order that the justices will be tried.^[15]

Aftermath

Justice Ketchum's seat and Justice Davis' seat will ultimately be filled in separate special elections which will be held alongside the 2018 general election on November 6, 2018. On August 25, 2018, Governor Jim Justice appointed Tim Armstead, former Speaker of the House of Delegates and Evan Jenkins, U.S. Representative for West Virginia's 3rd congressional district, to the two vacant seats until the special elections. Armested will take Ketchum's seat while Jenkins will take Davis' seat with both having already filed to run in the November special elections.^[18] Armstead and Jenkins were required observe a mandatory twenty day waiting period in which the members of the public can file official objections to the appointments prior to taking their seats. This waiting period ended on September 19, 2018.^[19] Armsted took the oath of office and assumed his seat on September 25, 2018 while Jenkins resigned from the House of Representatives on September 30, 2018 and took his seat on the court October 1, 2018.^[20][21]

In accordance with Chapter 3, Section 10 of the West Virginia Code, as there currently less than 84 days before the November 6 election, any further vacancies will be filled by interim justices appointed by Governor Justice. Barring any changes by the Legislature, these interim justices would likely serve until the primary election in May 2020, when a special election would be held.^[22]

References