CHARLESTON — Former West Virginia Supreme Court Justice Robin Jean Davis has filed a federal lawsuit over her impeachment.
Davis, who resigned in August the same day impeachment proceedings began in the House of Delegates, names Gov. Jim Justice, the delegates who voted for her impeachment, the state Senators who voted to move ahead with the impeachment despite her resignation and the clerks of the House of Delegates and state Senate.
In her 40-page complaint, Davis claims the House had no legal basis for impeaching her or any of the other Justices.
"What is more, the facts cited purportedly to support impeachment do not remotely rise to the level of impeachable conduct," the complaint states. "But the House was not interested in investigating whether the facts warranted impeachment. Instead, it used these charges as a pretext to remove all four Justices on West Virginia’s highest court so that the Governor could replace the popularly elected Justices with Republican men and create a 'conservative court' for years to come. ...
"The defendants must be enjoined from taking further action that degrades Justice Davis’s rights under the Constitutions of both the state of West Virginia and the United States. ...
“In sum, the Articles of Impeachment returned against Justice Davis reflect no factually or legally sufficient grounds for impeachment."
Davis retired Aug. 13, the same day the House passed 11 Articles of Impeachment that has grown to 14. She – along with Chief Justice Margaret Workman, Justice Beth Walker and suspended Justice Allen Loughry – are named in the articles.
Davis was the most senior member of the court, having served nearly 22 years. In her remarks during an Aug. 14 announcement, Davis said partisan politics is at the heart of her decision to retire.
“I deliver this statement today in dismay, disbelief, and in sadness,” she said. “I feel profound grief for the state of West Virginia given the current state of affairs. What we are witnessing is a disaster for the rule of law, the foundation of our state, and indeed, our very society.
“For when a legislative body attempts to dismantle a separate branch of government, the immediate effects, as well as the precedent it sets for the future, can only be termed disastrous.”
In voting to impeach the entire Supreme Court, Davis said Republicans on the House Judiciary Committee acted irrationally and without due process of law.
“The majority party has established a preconception which they bring forth, without regard to the evidence, or the process by which that evidence should be considered,” Davis said. “The majority members have ignored the will of the people who elected the justices of this court. They have erased the lines of separation between the branches of government.
“In fact, the majority party in the Legislature is positioning to impose their own party preferences. The will of the people is being denied! I just cannot allow the finalizing of their plot to come to fruition.”
Earlier this month, state Senators voted against a motion that would have dismissed Davis from the impeachment trial because of her resignation. While she resigned, an impeachment could keep Davis from running for public office again and collecting her state pension.
In her federal complaint, Davis contends the move to impeach all four remaining members of the court shows a conspiracy among the governor and lawmakers. Justice Menis Ketchum resigned in July before impeachment proceedings began.
“The Articles of Impeachment do not allege any conspiracy among all of the Justices to engage in any impeachable offense — far from it,” Davis's complaint states. “The decision of the House of Delegates to wipe out the entire remaining Supreme Court of Appeals makes clear that the impeachment process was not an effort to uncover misfeasance, but instead a power grab designed to remove Justices with whom the Delegates disagreed and to remake the court in the Delegates’ and the governor’s desired image.”
The 40-page lawsuit was filed in U.S. District Court for the Southern District of West Virginia in Charleston. Davis is represented by James Cole, Tacy Flint and John K. Adams of Sidley Austin in Washington as well as Robert Allen and Pamela Deem of Kay Casto & Chaney in Charleston.
U.S. District Court for the Southern District of West Virginia case number 2:18-cv-11111