CHARLESTON – Evan Jenkins was sworn in as a state Supreme Court Justice, but a legal challenge to his appointment and his position on the Nov. 6 ballot might not be over.
Jenkins was sworn in Oct. 1 in the state Supreme Court chamber by U.S. District Judge Thomas E. Johnston of the Southern District of West Virginia. Jenkins was appointed Aug. 25 by Gov. Jim Justice to fill the seat left vacant by the retirement of former Justice Robin Jean Davis until the Nov. 6 election. He also is on the ballot to finish Davis’s term, which will continue until 2024.
“The doors of the court system are open,” Jenkins said during his ceremony. “We will work to see that justice is available and accessible to all.
“I will uphold the Constitution. I will show no bias or favoritism. I will make sure justice is equal for all.”
Jenkins’ appointment and position on the ballot were challenged by Charleston attorney Williams Schwartz, who filed a Writ of Mandaum and Writ of Prohibition Sept. 13. On Sept. 24, the Supreme Court declared Jenkins and former House of Delegates Speaker Tim Armstead eligible to serve as temporary justices.
Armstead is filling in temporarily for retired Justice Menis Ketchum, and he also seeks to fill out the remainder of Ketchum’s term.
“The court is of the opinion that these matters should be dismissed as improvidently granted inasmuch as, after mature consideration of the matters presented the court finds there is no clear right to the relief sought by the petitioners," states the Sept. 24 Supreme Court order, which was issued just hours after oral arguments.
But, Schwartz said Oct. 1 he isn’t giving up his fight.
“Today, Evan Jenkins will be sworn in as a justice, and he remains on the ballot for the upcoming November election,” Schwartz said in a statement to The West Virginia Record. “We were disappointed that the Supreme Court of Appeals rejected by challenge to the appointment of Evan Jenkins.
“We still strongly believe that his failure to have been admitted to the active practice of law for 10 years prior to taking office disqualifies him to be appointed as a justice.”
Schwartz said the rules allows him and his counsel 90 days to seek review in the U.S. Supreme Court, which he said he might do.
“We also believe that we have remedies by filing a complaint in federal district court,” Schwartz said. “We are currently researching to prepare to draft these documents.”
At the time of his appointment to the bench, Jenkins was a member of the United States House of Representatives, to which he was elected in 2014 and re-elected in 2016, to represent the citizens of West Virginia's Third Congressional District. For four years he served on the House Appropriations Committee and most recently as the Vice-Chairman of the Commerce, Justice and Science Sub-Committee.
He previously served three terms in the West Virginia House of Delegates, beginning in 1994, representing Cabell and Wayne counties, followed by three terms in the West Virginia Senate from 2003 to 2015.
Before his election to Congress, he was executive director of the West Virginia State Medical Association, general counsel of the West Virginia Chamber of Commerce and taught business law at Marshall University. Jenkins was admitted to the practice of law in West Virginia thirty years ago and began his legal career as an associate attorney with the Huntington law firm of Jenkins Fenstermaker, PLLC in 1988.
Jenkins is a native of Huntington. He has a bachelor's degree in business administration from the University of Florida and a law degree from the Cumberland School of Law at Samford University.
Jenkins lives in Huntington. He is active in the community as a member of the First Presbyterian Church and has served as a volunteer leader for the American Red Cross, Boy Scouts of America, Big Brothers Big Sisters of the Tri-State Area, Foundation for the Tri-State Community, Foster Foundation, and Lily's Place, a nationally recognized facility that cares for newborn infants suffering from drug exposure during pregnancy.
With Jenkins at his investiture ceremony were his wife Elizabeth, daughter Olivia, and son Charles. An older son is serving in the U.S. Marine Corps.