View source for Impeachment of the Supreme Court of Appeals of West Virginia

{{Short description|2018 action by the House of Delegates}}
The '''impeachment of the Supreme Court of Appeals of West Virginia''' occurred on August 13, 2018, when the [[West Virginia]] [[West Virginia House of Delegates|House of Delegates]] voted to [[Impeachment by state and territorial governments of the United States|impeach]] all five justices of the [[Supreme Court of Appeals of West Virginia]] for charges relating to corruption, overspending, and lack of oversight. Despite being threatened in other [[U.S. state|states]] at other times, this is the only time in [[United States]] history that the entire bench of the highest court of a state has been impeached.
Of the five justices who were investigated:<ref>{{cite news | publisher = apnews.com | date = October 7, 2019 | title = Supreme Court won't intervene over West Virginia justices | author = JOHN RABY | url =  https://apnews.com/29e4fed69ba749d9ba38d94ec4951c4c}}</ref>
* Justice [[Menis Ketchum]] resigned before impeachment, pled guilty in federal court to one count of wire fraud, and had his license to practice law annulled and was sentenced to three years probation and fined.
* Chief Justice [[Allen Loughry]] was removed as chief justice, suspended from the court, impeached on seven charges, convicted of 11 charges, resigned before being tried for removal from office and sentenced to 24 months in prison.
* Justice [[Robin Davis]] was impeached on three charges, retired on August 14 — retroactively effective August 13 — and was not tried in the Senate due to an injunction from the temporarily reconstituted Supreme Court.
* Justice [[Beth Walker (judge)|Beth Walker]] was impeached on two charges, voted to not be removed 32-1-1 on October 2, and remained on the court.
* Justice [[Margaret Workman]] was impeached on two charges, not tried in the Senate due to an injunction from the Supreme Court, and remained on the court.
In the end, only Justices Walker and Workman remained in their positions, while Justices Loughry and Ketchum resigned and were federally tried, and Justice Davis retired.
==Justices in 2018==
{| class="wikitable sortable"
!Office
!Justice
!Assumed office
!Impeachment
!Left Office
!Result
|-
|Chief Justice
|[[Allen Loughry]]
|January 1, 2013
|August 7, 2018
|November 12, 2018
|Resigned, convicted of [[wire fraud]] and [[mail fraud]]
|-
|Justice
|[[Margaret Workman]]
|January 1, 2009
|August 7, 2018
|December 31, 2020
|Trial blocked by courts
|-
|Justice
|[[Beth Walker (judge)|Beth Walker]]
|January 1, 2017
|August 7, 2018
|December 31, 2023
|Acquitted, reprimand and censure
|-
|Justice
|[[Menis Ketchum]]
|January 1, 2009
|
|July 27, 2018
|Resigned; pled guilty to wire fraud
|-
|Justice
|[[Robin Davis]]
|December 16, 1996
|August 7, 2018
|August 13, 2018
|Resigned
|-
|}
==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 [[United States District Court for the Southern District of West Virginia|Southern District of West Virginia]] was launched,<ref>{{cite web|url=http://wvmetronews.com/2018/04/16/chief-justice-workman-says-wv-supreme-court-has-to-restore-public-trust/|title=WV MetroNews – Chief Justice Workman says WV Supreme Court has to restore public trust|website=wvmetronews.com|date=2018-04-16}}</ref> 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<ref>{{cite web|url=https://www.documentcloud.org/documents/4438388-Supreme-Court-of-Appeals-4-15-18.html|title=Supreme Court of Appeals 4 15 18|first=Brad McElhinny (WV|last=MetroNews)|website=www.documentcloud.org}}</ref> and commuting use of court-owned vehicles and the improper purchase of gift cards.<ref>{{cite web|url=http://www.wvlegislature.gov/legisdocs/reports/agency/PA/PA_2018_637.pdf|title=Post Audit Division - Report 2|publisher=}}</ref> 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.<ref>{{cite web|url=http://wvmetronews.com/2018/01/18/couchgate-driving-supreme-court-budget-debate/|title=WV MetroNews – 'Couchgate' driving Supreme Court budget debate|website=wvmetronews.com|date=18 January 2018 }}</ref>  Justice [[Menis Ketchum]] was reported to have used a state vehicle to travel from his home in [[Huntington, West Virginia|Huntington]] to work, and for several vacation trips, without paying tax on the [[fringe benefit]].<ref>{{cite web|url=http://www.wvlegislature.gov/legisdocs/reports/agency/PA/PA_2018_632.pdf|title=Post Audit Division - Report|publisher=}}</ref>  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 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.<ref>{{cite web|url=http://wvmetronews.com/2018/06/06/loughry-named-in-32-count-judicial-complaint-jic-files-for-immediate-suspension/|title=WV MetroNews – Justice Loughry named in 32-count judicial complaint saying he lied over and over|website=wvmetronews.com|date=7 June 2018 }}</ref> 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.<ref>{{cite web|url=http://s3.amazonaws.com/wvmetro-media/uploads/2018/06/08121117/Loughry-suspension.pdf|title=Suspension Order|publisher=|access-date=2018-10-05|archive-date=2019-03-31|archive-url=https://web.archive.org/web/20190331221034/http://s3.amazonaws.com/wvmetro-media/uploads/2018/06/08121117/Loughry-suspension.pdf|url-status=dead}}</ref>
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 was sentenced to nearly 24 months in prison.<ref>{{cite web|url=http://wvmetronews.com/2018/06/20/u-s-attorney-press-conference-to-address-supreme-court-issues/|title=WV MetroNews – Justice Loughry indicted on 22 counts, U.S. Attorney Stuart announces|website=wvmetronews.com|date=20 June 2018 }}</ref><ref name="Charleston Gazette-Mail">{{cite news|title=Former Supreme Court Justice Loughry Sentenced to 24 Months in Federal Prison|url=https://www.wvgazettemail.com/news/cops_and_courts/former-supreme-court-justice-loughry-sentenced-to-months-in-federal/article_bb22ed30-e4f1-5e28-9ef1-b95f48efb635.html|publisher=Charleston Gazette-Mail|access-date=7 April 2019|date=13 February 2019}}</ref>
==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 in the United States|impeachment]].<ref>{{cite web|url=http://wvmetronews.com/2018/06/25/legislative-leaders-ask-for-a-special-session-to-deal-with-impeachment/|title=WV MetroNews – Special session starts Tuesday to deal with Supreme Court impeachment|website=wvmetronews.com|date=25 June 2018 }}</ref>  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.<ref name="wvmetronews.com1">{{cite web|url=http://wvmetronews.com/2018/08/07/delegates-vote-to-impeach-all-four-remaining-wv-supreme-court-justices/|title=WV MetroNews – Delegates vote to impeach all four remaining WV Supreme Court justices|website=wvmetronews.com|date=7 August 2018 }}</ref>
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]].<ref>{{cite web|url=https://wvrecord.com/stories/511508299-ketchum-pleads-guilty-to-federal-information-regarding-car-use|title=Ketchum pleads guilty to federal information regarding car use|first=Chris|last=Dickerson|publisher=}}</ref> Because of his guilty plea to a felony, the Supreme Court of Appeals [[disbarment|annulled]] Ketchum's license to practice law in the state of West Virginia on October 4, 2018.<ref>[https://www.wvgazettemail.com/news/wv-supreme-court-formally-annuls-ketchum-s-law-license/article_51f1ef38-a357-5aa7-a3a4-6cc7ecbf08ae.html WV Supreme Court formally annuls Ketchum's law license]</ref>
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 (judge)|Beth Walker]] for lack of oversight and overspending.<ref name="wvmetronews.com1"/>  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.<ref name="auto2">{{cite web|url=https://wchstv.com/news/local/announcement-scheduled-tuesday-for-supreme-court|title=West Virginia Supreme Court Justice Robin Davis announces retirement|last1=Taylor|first1=Anna|last2=Morris|first2=Jeff|date=14 August 2018 |publisher=}}</ref>  The justices, other than Justice Walker who had already been tried, awaited trial on the impeachment in the [[West Virginia Senate]].<ref>{{cite web|url=https://wvrecord.com/stories/511530305-house-votes-to-impeach-all-current-justices|title=House votes to impeach all current Justices|last=Dickerson|first=Chris|date=Aug 13, 2018|website=WEST VIRGINIA RECORD|publisher=|archive-url=|archive-date=|access-date=August 13, 2018}}</ref>
==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, West Virginia|Cabell County]] Circuit Judge Paul Farrell, who had been temporarily designated by the Supreme Court to fill in for Loughry, was to preside over all of the trials. The Senate also voted to try each of the justices separately with Farrell determining the order.
===Pretrial hearing===
On September 11, 2018, the West Virginia Senate debated and voted on a number of preliminary issues for the four trials. Several motions had to do with Judge Davis, who had already retired. It was voted to try her anyway by votes of 19–15 on several resolutions. Then the Senate "dissolved" into a court of impeachment and set trial dates and other housekeeping matters. A resolution substituting censure for full trials for Workman and Walker was ruled out of order.<ref>{{Cite web|url=http://wvmetronews.com/2018/09/11/updates-pretrial-hearing-in-wv-supreme-court-impeachment/|title=Updates: Trial dates set for W.Va. justices Loughry, Workman, Walker and Davis|date=2018-09-11|website=WV MetroNews|language=en-US|access-date=2019-09-13}}</ref>
===Trial of Justice Walker===
Justice Walker's impeachment trial began on October 1. The trial concluded on October 2 with the Senate voting 32–1 to acquit her, with only Senator [[Stephen Baldwin (politician)|Stephen Baldwin]] of [[Greenbrier County, West Virginia|Greenbrier County]] voting for conviction and Senator [[Ryan Weld]] of [[Brooke County, West Virginia|Brooke County]] absent. The Senate followed by agreeing, by voice vote, to publicly "reprimand and censure" Justice Walker for her actions in the scandal.<ref>{{Cite web|url=https://www.wsaz.com/content/news/Justice-Walker-says-she-wants-to-go-ahead-with-impeachment-trial-494544891.html|title=Senators reprimand Justice Walker, but vote to not impeach|last=MetroNews|first=WSAZ News Staff, WV|website=www.wsaz.com|date=27 September 2018 |language=english|access-date=2019-09-13}}</ref>
===Trial of Justice Workman===
Justice Workman's impeachment trial was scheduled to begin on October 15. However, on October 11, the Supreme Court of Appeals, temporarily reconstituted with five circuit court judges, issued an injunction blocking the impeachment trial, stating that the articles of impeachment presented by the House of Delegates against Workman violated the [[separation of powers]] doctrine and, therefore, the Senate has no jurisdiction to try Workman on the impeachment. In addition, Judge Farrell stated that he would not preside over Justice Workman's trial while the injunction was in place. The Senate met on October 15 and adjourned with no final decision on how to proceed being made. Senate President [[Mitch Carmichael]] announced after the session had adjourned that the Senate would ask the Supreme Court of Appeals to reconsider their decision, however, in light of Loughry's resignation, further impeachment efforts against Workman are doubtful.<ref name="wvmetronews.com">{{Cite web|url=http://wvmetronews.com/2018/11/11/no-need-for-special-session-now-that-loughry-has-resigned-lawmakers-say/|title=With resignation, special session to impeach Loughry is off|date=2018-11-11|website=WV MetroNews|language=en-US|access-date=2019-09-13}}</ref><ref name=":0" /><ref>[https://wchstv.com/news/local/west-virginia-supreme-court-halts-impeachment-trial-for-justice-workman West Virginia Supreme Court halts impeachment trial for Justice Workman.]</ref>
===Trial of former Justice Davis===
Former Justice Davis' trial was scheduled to begin on October 29. However, the reconstituted Supreme Court of Appeals ruled on October 25 that the injunction blocking Justice Workman's trial also retroactively applied to Justice Davis' and Justice Loughry's trials.<ref name=":1"/> In light of the court's decision and Loughry's resignation, further impeachment efforts against Davis are doubtful.<ref name="wvmetronews.com"/><ref name=":0">{{Cite web|url=https://www.wvgazettemail.com/news/politics/with-workman-impeachment-trial-blocked-senate-debates-next-move/article_5ba57c73-ca21-57a1-aa95-44e653f7294a.html|title=With Workman impeachment trial blocked, Senate debates next move|last=Kabler|first=Phil|date=Oct 15, 2018|website=Charletsville Gazette-Mail|archive-url=|archive-date=|access-date=October 15, 2018}}</ref><ref>{{Cite web|url=http://wchstv.com/news/local/west-virginia-supreme-court-halts-impeachment-trial-for-justice-workman|title=West Virginia Supreme Court halts impeachment trial for Justice Workman|last=MORRIS|first=JEFF|date=2018-10-11|website=WCHS|access-date=2019-09-13}}</ref>
===Trials of Justice Loughry===
====Impeachment====
The impeachment trial for Justice Loughry was set for November 12. However, the reconstituted Supreme Court of Appeals ruled on October 25 that the injunction blocking Justice Workman's trial also retroactively applied to Justice Davis' and Justice Loughry's trial.<ref name=":1">{{Cite web|url=http://www.newsandsentinel.com/news/local-news/2018/10/effort-to-remove-convicted-justice-loughry-from-office-continues/|title=Effort to remove convicted Justice Loughry from office continues|website=newsandsentinel.com/|language=en-US|access-date=2019-09-13}}</ref> Delegate [[Andrew Byrd]] of [[Kanawha County]], who is serving as one of the impeachment managers, is asking Gov. Jim Justice to call the House of Delegates into special session on November 11–13 to draft new impeachment articles against Loughry based solely on his federal criminal convictions (see below).<ref name=":1" />
====Federal criminal trial====
Justice Loughry's federal criminal trial began on October 2. This trial concluded on October 12 with Loughry being convicted of seven counts of [[wire fraud]], one count of [[mail fraud]], one count of [[witness tampering]] and two counts of [[making false statements|lying to the FBI]]. The jury found Loughry not guilty on nine counts of wire fraud and two counts of mail fraud while they [[hung jury|deadlocked]] on one count of wire fraud. Loughry, who remained on the court until resigning on November 12, 2018, was sentenced to 24 months in federal prison on February 13, 2019. He was released from [[FCI Williamsburg]] on December 19, 2020.<ref name="Charleston Gazette-Mail"/><ref>{{Cite web|url=http://wchstv.com/news/local/jurors-return-friday-for-more-deliberations-in-justice-allen-loughry-federal-court-trial|title=West Virginia Supreme Court Justice Loughry convicted on 11 charges |last1=Taylor |first1=Kennie |last2=Bass |first2=Jeff |last3=Morris |first3=Anna|date=2018-10-12|website=WCHS|access-date=2019-09-13}}</ref><ref>{{Cite web|url=https://www.wvgazettemail.com/news/cops_and_courts/wv-supreme-court-justice-loughry-guilty-on-of-federal-charges/article_dd705b7d-dc3b-5cfb-9edd-a2257d584deb.html|title=WV Supreme Court Justice Loughry guilty on 11 of 22 federal charges|last=Pierson|first=Lacie|date=Oct 12, 2018|website=Charleston Gazette-Mail|archive-url=|archive-date=|access-date=October 12, 2018}}</ref>
==Aftermath==
Justice Ketchum's seat and Justice Davis' seat were ultimately filled in separate [[special election]]s which were held alongside the [[United States elections, 2018|2018 general election]] on November 6, 2018. On August 25, 2018, [[Governor of West Virginia|Governor]] [[Jim Justice]] appointed [[Tim Armstead]], former [[West Virginia House of Delegates|Speaker of the House of Delegates]]  and [[Evan Jenkins (politician)|Evan Jenkins]], [[United States House of Representatives|U.S. Representative]] for {{ushr|WV|3}}, to the two vacant seats until the special elections. Armstead took Ketchum's seat while Jenkins took Davis' seat with both having already filed to run in the November special elections.<ref>{{Cite web|url=https://www.wsaz.com/content/news/Governor-Jim-Justice-appoints-.html|title=Governor Jim Justice appoints Armstead and Jenkins to the Supreme Court|last=News|first=WSAZ News Staff, WV Metro|website=www.wsaz.com|date=24 August 2018 |language=english|access-date=2019-09-13}}</ref> Armstead and Jenkins were required to 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.<ref>{{Cite web|url=http://wchstv.com/news/local/20-day-comment-period-for-west-virginia-supreme-court-nominees|title=Objections to Supreme Court picks can be filed during 20-day period|last=BASS|first=KENNIE|date=2018-08-27|website=WCHS|access-date=2019-09-13}}</ref> 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 on October 1, 2018.<ref>{{Cite web |url=https://www.wvnews.com/news/wvnews/tim-armstead-sworn-in-as-supreme-court-wv-justice/article_a41e8a56-c238-5148-9d1b-fbc5d2c19088.html |title=Tim Armstead sworn in as Supreme Court, WV, justice |last=Jarvis |first=Jake |date=2018-09-25 |website=WV News |language=en |access-date=2018-09-26}}</ref><ref>{{Cite news|url=https://www.rollcall.com/news/politics/evan-jenkins-to-resign-sunday|title=Evan Jenkins to Resign Seat on Sunday, Head to West Virginia Supreme Court|work=Roll Call|access-date=2018-09-29|archive-date=2021-03-21|archive-url=https://web.archive.org/web/20210321134833/https://www.rollcall.com/2018/09/27/evan-jenkins-to-resign-seat-on-sunday-head-to-west-virginia-supreme-court/|url-status=dead}}</ref>
In accordance with Chapter 3, Section 10 of the West Virginia Code, any further vacancies were filled by interim justices appointed by Governor Justice. Barring any changes by the [[West Virginia Legislature|Legislature]], these interim justices served until the [[United States elections, 2020|primary election in May 2020]], when a special election was held.<ref>{{cite web|url=http://www.wvpublic.org/post/looming-west-virginia-supreme-court-impeachment-proceedings-explainer#stream/0|title=The Looming West Virginia Supreme Court Impeachment Proceedings: An Explainer|first=Dave|last=Mistich|publisher=|access-date=2018-09-01|archive-date=2018-09-13|archive-url=https://web.archive.org/web/20180913011650/http://www.wvpublic.org/post/looming-west-virginia-supreme-court-impeachment-proceedings-explainer#stream/0|url-status=dead}}</ref> This became the case with Loughry's resignation, as on December 12, 2018, Justice appointed [[John A. Hutchison]], a lifelong friend and circuit judge in [[Raleigh County, West Virginia|Raleigh County]], to Loughry's vacated seat.<ref>{{Cite web|url=http://wvmetronews.com/2018/12/12/hutchison-to-take-seat-on-state-supreme-court/|title=Hutchison to take seat on state Supreme Court|date=2018-12-12|website=WV MetroNews|language=en-US|access-date=2019-09-13}}</ref>
==References==
{{Reflist}}
[[Category:Impeachment by state and territorial governments of the United States|Supreme Court of Appeals of West Virginia]]
[[Category:Justices of the Supreme Court of Appeals of West Virginia|*]]
[[Category:2018 in West Virginia]]
[[Category:August 2018 in the United States]]