CHARLESTON — The West Virginia Supreme Court of Appeals has filed its full denial of a petition seeking to have Gov. Jim Justice fill the vacancy left by a former Wayne County delegate who took part in the January 6 events at the U.S. Capitol with one of three individuals chosen from a list of candidates.
"This request for extraordinary relief under the Court’s original jurisdiction has its genesis in the resignation of Derrick Evans, a Republican, from his newly elected position as a member of the House of Delegates from the Nineteenth Delegate District," Justice Bill Wooton wrote in the June 2 opinion.
Wooton wrote that Jeff Maynard, the chair of the Wayne County Republican Executive Committee, was seeking a writ of mandamus compelling Justice to choose Evans' replacement from a list of three candidates submitted by "the executive committee members of Wayne County, WV residing in the 19th delegate district."
Wooton
"After review of the parties’ briefs and arguments, the several appendices, and the applicable law, we deny the writ of mandamus sought by Petitioner in this matter," Wooton wrote.
Evans was elected last November, however, Evans resigned on Jan. 9 after he participated in the Jan. 6 U.S. Capitol siege and was arrested. He resigned before the 2021 session had begun.
Maynard petitioned the court for a writ of mandamus Jan. 25 after he sent a letter Jan. 13 to Justice with the suggested individuals. The court denied the writ Feb. 9 after oral arguments. This week's full denial expands on the instant action taken then.
Justice appointed Joshua Booth to fill Evans' vacancy.
"It is clear that the county letter did not comply with West Virginia Code § 3- 10-5; therefore, the Governor did not have a non-discretionary duty to appoint the new delegate from the three names included in that letter," Wooton wrote. "Even if we accept that the four individuals who selected the names set forth in the county letter were all of the members of the Wayne County Executive Committee who resided in the Nineteenth Delegate District (a fact disputed by the amicus curiae), there is no statutory authorization for such a group to have a role in filling a vacancy for a public office."
Wooton wrote that the county letter has no indicia of reliability and, more importantly, was not submitted by an executive committee authorized by statute.
Wooton wrote there was no dispute regarding Booth's qualifications and concluded that his appointment was in accordance with West Virginia code.
"On the record presented, Petitioner Maynard failed to show a clear legal right to the relief sought," Wooton wrote. "We therefore refuse the requested writ of mandamus."
West Virginia Supreme Court of Appeals case number: 21-0051
