CHARLESTON – The House of Delegates has voted 89-0 to give its Judiciary Committee the power to investigate impeachment of state Supreme Court justices.
The June 26 vote came during a special session, which was called the previous day by Gov. Jim Justice.
Last week, suspended Supreme Court Justice Allen Loughry was indicted on a federal charges. The 22-count indictment includes allegations of wire fraud, mail fraud, lying to federal investigators and witness tampering. He faces up to 395 years in prison and $5.5 million in fines.
After roughly 90 minutes of discussion and debate, the House adjourned until it is called back to hear recommendations from the Judiciary Committee. There is no deadline for the committee to finish its work, although the topic was debated before the vote.
Members of the House Judiciary now have the power to issue subpoenas and summonses for witnesses for the investigation. The committee met immediately after the House session. It went over duties, procedures and a timeline. It will spent the next week getting organized, gathering evidence and documents as well as putting together witness lists.
On June 25, state Senate President Mitch Carmichael, R-Jackson, and House Speaker Pro Tempore John Overington, R-Berkeley, formally requested Justice call the special session to allow the House of Delegates to consider possible Articles of Impeachment.
House Speaker Tim Armstead, R-Kanawha, said he is stepping away from the proceedings because he has said he might consider a state Supreme Court run in the future. He isn’t seeking re-election this year.
“As the Legislature begins the process of considering possible impeachment proceedings related to members of the West Virginia Supreme Court of Appeals, it is important that this process be free from any appearance of bias,” Armstead said. “When I announced I would not seek re-election to the House of Delegates, I also indicated that I am considering the possibility of seeking a statewide office in 2020.
“One office I indicated I am considering running for is a seat on the West Virginia Supreme Court of Appeals. I have not decided whether I will seek such a position regardless of whether such position would be up for election in 2020 or would become open at an earlier time. However, the process followed by the Legislature in relation to any impeachment process must be free from even the appearance of any conflict.
“Therefore, while I do not believe there is an actual conflict, I have decided that the decisions as to whether to ask the governor to call the Legislature into special session and the initial disposition of any resolution relative to impeachment of any Justice of the Supreme Court of Appeals should be made by the Speaker Pro Tempore, Delegate John Overington.”
Armstead also said if votes are taken regarding the potential impeachment, he would ask Overington if he should vote.
On June 22, Carmichael and Armstead asked members of the committee to begin planning for the possibility of impeachment proceedings.
“There is an ample and sufficient body of evidence available for your Committee to begin a review of these matters,” Carmichael and Armstead wrote to Judiciary Chairmen Charles Trump and John Shott.
Leading Democrats began pushing for impeachment even before the June 20 federal indictment of Loughry on 22 counts of lying to federal investigators, mail fraud, wire fraud and witness tampering. Loughry also was the subject of a state Judicial Investigation Commission statement of charges that included 32 counts of violating the Code of Judicial Conduct by repeatedly lying about his involvement in office renovations and of hiding a federal subpoena from fellow justices.
While Loughry is the only justice who has been indicted and suspended, the Legislature has used language regarding impeachment that leaves the door open to other justices.
By law, the House of Delegates would have to establish the articles of impeachment. The state Senate then would serve as the jury.
Lawmakers initially are working on a timeline. In a memo, Shott said time is of the essence. It mentioned having the preliminary work done by Sept. 6, which would allow a special session that would coincide with legislative interim meetings in the middle of September.
But, Aug. 14 is an important date. If there is an opening on the Supreme Court before that, it could be on this fall’s general election ballot. If not, Gov. Jim Justice would appoint someone to fill the vacancy.
Because of that, Democrats are pushing for an earlier deadline. Delegate Shawn Fluharty, D-Ohio, said Republican leaders are pushing for the later date so Justice, a Republican, can appoint someone.