CHARLESTON – Gov. Jim Justice will reside in Charleston, according to a settlement in a case filed by a former state delegate.
The settlement order was filed March 1 in Kanawha Circuit Court. Isaac Sponaugle filed the lawsuit as a citizen against Justice in 2018.
“The parties agree that Respondents’ voluntary agreement to reside at the seat of government within the meaning of the Constitution renders this case moot and the case should be dismissed,” the order states.
Sponaugle
Justice said he’s pleased the case has been resolved.
“The Governor will, of course, abide by the recent ruling of the West Virginia Supreme Court of Appeals, and he and Mr. Sponaugle agree that the case is now moot,” spokesman Jordan Damron said in a statement. “The Governor will continue working hard every day on the issues that matter to the lives of West Virginians.”
Sponaugle said he is happy with the terms as well.
“I am very pleased we’ve resolved the issue,” Sponaugle told The West Virginia Record. “He’s made a promise he’s going to follow. He’s voluntarily agreed to reside in Charleston per Justice Evan Jenkins’ opinion.
“If he reneges on that promise, which I don’t expect, I can turn around and file again. It would be a lot quicker this time because it’s already been addressed by the courts.
“I wasn’t successful getting him to reside in Charleston for first term, but I was for his second term.”
Sponaugle said once Justice agreed to reside at the seat of government, he was good.
“Back when I started this case, he wasn’t showing up for work in Charleston except for two or three times a month,” Sponaugle said. “He’s taken care of that issue. It’s all kosher with me now
“He said he was going to follow the Supreme Court opinion and reside there more times than not, and I said I would dismiss the action.”
As part of the resolution, Justice agreed to pay Sponaugle $65,000 in court costs and attorney fees.
In November, the state Supreme Court denied Justice’s writ of prohibition to overturn previous rulings made by late Kanawha Circuit Judge Charles King in the case. That allowed for the case to continue in Kanawha Circuit Court.
https://wvrecord.com/stories/565950945-supreme-court-says-governor-residency-case-can-continue-in-kanawha-circuit-court
“We conclude that the Circuit Court of Kanawha County had jurisdiction, did not exceed its legitimate powers and did not clearly err when it denied Governor Justice’s motion to dismiss Mr. (Isaac) Sponaugle’s petition for writ of mandamus,” the opinion written by Justice Evan Jenkins states. “Therefore, we deny the requested writ to prohibit enforcement of the Circuit Court of Kanawha County’s October 21, 2019, order. …
“We now hold that, for the purposes of the residency provision located in Section 1, Article VII of the West Virginia Constitution, ‘reside’ means to live, primarily, at the seat of government and requires that the executive official’s principal place of physical presence is the seat of government for the duration of his or her term in office.”
Sponaugle is a Pendleton County attorney and former delegate. He also ran for state Attorney General. But he filed the challenge as a private citizen challenging Justice’s residency.
The governor lives in Lewisburg and usually commuted to the state Capitol in Charleston. Sponaugle contended the state Constitution requires the governor to reside in the seat of government while serving. Attorneys for Gov. Justice have argued the word “reside” in the state Constitution is discretionary. It says the governor other members of the Board of Public Works must reside at the seat of government.