CHARLESTON – The state Judicial Disciplinary Counsel wants to lift a stay and expedite a disciplinary hearing against convicted and suspended state Supreme Court Justice Allen Loughry.
Judicial Disciplinary Counsel Teresa Tarr filed a motion Oct. 22 with the state Judicial Hearing Board, which had issued the stay in July on Loughry’s request because of his pending federal trial.
On Oct. 12, Loughry was found guilty of 11 felony counts, including witness tampering, lying to federal agents, mail fraud and wire fraud. His sentencing is scheduled for Jan. 16.
In the filing, Tarr requested the disciplinary hearing as soon as possible and before Loughry’s sentencing date.
“An expedited hearing is necessary because (Loughry) is set to be sentenced on January 16, 2019, and in the event he receives a term of confinement in a federal penitentiary, it will be impossible for him to appear for a hearing after that time,” the motion states. It also notes a requirement that a hearing must be held within 120 after formal charges are filed.
In addition, the Judicial Investigation Commission amended its formal charges against Loughry on Oct. 22 to include his federal conviction.
The JIC has amended its formal charges against Loughry to include the federal conviction. The amended statement was also filed Monday. The JIC filed its statement of charges in early June against Loughry. That led to him being suspended by the state Supreme Court based on the 32 similar charges brought against him by the state JIC. He also was impeached – along with Chief Justice Margaret Workman, Justice Robin Jean Davis and Justice Beth Walker.
Walker already had her trial in the state Senate and was acquitted. Workman and Davis have had their impeachment trials halted by Cabell Circuit Judge Paul Farrell, who is overseeing the impeachment trials in the state Senate, following a ruling by an acting state Supreme Court in Workman’s favor to stop her impeachment trial on constitutional and procedural grounds, saying the House of Delegate did not follow proper procedures. That included not passing a full resolution adopting the articles of impeachment and not having the findings of fact in the articles.
No ruling has been issued concerning Loughry’s impeachment trial yet.
The Judicial Hearing Board is a nine-member panel made up of circuit judges, Family Court judges, magistrates, attorneys and lay members. When and if the board schedules a hearing it will be done so through the state Supreme Court clerk.