CHARLESTON – Isaac Sponaugle told the state Supreme Court that it doesn’t matter where Gov. Jim Justice lives in Charleston as long as it is in Charleston.
“He can reside at a hotel,” Sponaugle said during October 14’s oral arguments regarding his lawsuit regarding the governor’s residency requirements. ”He can buy a van down by the river.”
The Supreme Court heard the oral arguments because Kanawha Circuit Judge Charles King rejected a motion from Justice’s legal team last summer to dismiss the case. He also told Justice’s lawyers to submit questions to the Supreme Court regarding the legal definition of residence.
Sponaugle
Sponaugle – an attorney and an outgoing member of the House of Delegates who ran for Attorney General – filed his lawsuit as a private citizen, claiming Justice doesn’t live in Charleston, which is the seat of state government, as required by the West Virginia Constitution. Instead, he lives in Lewisburg, which is close to two hours away from the state Capitol.
In addition to the definition of “residency,” the crux of the decision also might be in the word “shall.”
“Why should we not make a clear statement that the Constitution says what it says — ‘shall reside?’” Justice Evan Jenkins asked during the arguments.
“I think ‘shall’ means ‘shall,'” Sponaugle replied.
In the legal world, “shall” means something must be done. “May” means something isn’t required.
George Terwilliger, one of Justice’s attorneys and a former acting U.S. Attorney General, said this decision isn’t one the court should make.
“That’s no role for the judiciary,” Terwilliger said. “He (Sponaugle) can mobilize to defeat the governor at the polls. Political avenues to challenge the governor on political grounds stay open.
“I really cannot believe this court wants the circuit courts getting into telling the governor where he should sleep. The whole point of the constitutional provision is to establish the seat of government here.
“The remedies he has suggested would put the court in position of trying to manage the governor’s schedule, in essence.”
Justice Beth Walker asked about where a line is drawn regarding enforcing a governor to reside as a practical matter. She also Sponaugle if his lawsuit was politically motivated.
“Yes,” he replied. “I wanted him to show up for work.”
Sponaugle did say Justice has been at the state Capitol more since the Coronavirus pandemic began, providing weekday updates to the state. But, before that, Justice said he has done governmental work at his Greenbrier County home and only coming to Charleston when necessary.
Sponaugle says that has led to scandals and other problems with state government.
Wednesday’s oral arguments came just hours after Justice debated Democratic challenger Ben Salango in a gubernatorial debate. During the debate, moderator Hoppy Kercheval asked Justice about splitting time between Charleston and Lewisburg.
“What in the world does that have anything to do with anything?” he replied, also saying it doesn’t matter if he drives to Greenbrier County and back. “All I do is work.”
“You don’t get to pick and choose which parts of the Constitution you follow,” Salango replied.
Chief Justice Tim Armstead recused himself from hearing the arguments because he was Speaker of the House before being appointed to the Supreme Court by Justice. Evan Jenkins served as chief justice and appointed Berkeley Circuit Judge Bridge Cohee to hear the case.
West Virginia Supreme Court of Appeals case number 19-1132 (Kanawha Circuit Court Case number: 18-P-442)
