CHARLESTON — Former House of Delegates member Isaac Sponaugle has sent a certified letter with an intent to sue Gov. Jim Justice for continuing to fail to abide by an agreement that he must reside in the state's seat of government in Charleston.
Sponaugle has been attempting to get Justice to reside in Charleston since 2018.
"Jim Justice hasn't lived up to his word that he would reside at the seat of government," Sponaugle said. "It's his choice on how this will proceed, but he will reside at the seat of government, either voluntarily or involuntarily, as long as he remains governor of the state of West Virginia."
Sponaugle
Sponaugle, an attorney who filed the lawsuit as a citizen, said the state constitution says the governor must reside at the seat of the government and that is in Charleston -- not in Greenbrier County.
"Jim Justice needs to decide what he wants to do with his time," Sponaugle said. "He's a part-time governor, part-time businessman and part-time basketball coach. The only thing that he's doing full-time is residing in Greenbrier County. That's going to end, and he will abide by the constitution whether he likes it or not."
In his letter to Justice, Sponaugle said Justice agreed to resolve the constitutional residency requirement earlier this year, but has still let to follow the agreement.
"You can bring your actions within conformity of the agreement within the next 30 days, or we will be back to court to resolve the matter," Sponaugle wrote in the letter, which was sent Sept. 15.
The case has been heard before Kanawha Circuit Court and the West Virginia Supreme Court over the past three years.
In March, Justice agreed to reside in Charleston, according to the settlement order filed March 1 in Kanawha Circuit Court.
“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 stated.
At the time, Justice said he was pleased the case had 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 was 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.”
As part of the resolution, Justice agreed to pay Sponaugle $65,000 in court costs and attorney fees.
Last 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.
“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 stated. “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.
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.