CHARLESTON – The state Republican Party has filed a notice of appeal with the state Supreme Court asking it to review a recent ruling that put the ousted chairman of the Wood County Republican Executive Committee back in the position.
On February 21, Kanawha Circuit Judge Joanna Tabit issued an order granting Rob Cornelius’ Petition for Writ of Mandamus and Complaint for Declaratory Judgment. Cornelius had been removed from the position in 2019 by former state GOP Chairwoman Melody Potter. He filed his complaint soon thereafter against Potter and West Virginia Secretary of State Mac Warner.
The final circuit court hearing took place January 20. Tabit handed down her ruling that day following oral arguments, but the final order wasn’t issued until February 21. The ruling restored Cornelius as a member of the Wood County committee and as its chairman. Tabit’s ruling also ordered Warner to accept a list of county executive committee members submitted by Cornelius after Potter made changes to the committee’s membership.
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Potter had said she removed Cornelius from the post for comments he made about her and Gov. Jim Justice. Justice won election in 2016 as a Democrat, but he switched to the GOP in 2017 at the request of President Donald Trump. Potter also said Cornelius made personal attacks against her and Justice. Potter resigned as state GOP chairwoman in 2020.
But on March 11, the state GOP filed its notice with the state Supreme Court, saying Tabit erred the party’s procedures for emergency removal are not in contravention of state law.
“We respect the court’s decision, but there are significant issues that need to be reviewed by an appellate court,” attorney Marc Williams told The West Virginia Record. He is representing the state GOP in the appeal. Williams previously handled the impeachment appeal for former state Supreme Court Justice Margaret Workman.
The notice of appeal explains the reasoning.
“The Circuit Court erred by exercising jurisdiction over a non-justiciable and purely political dispute pertaining to the management and proceedings of a political party in contravention of long-established West Virginia law,” the GOP’s notice of appeal states. “For more than a century, West Virginia courts have declined to exercise jurisdiction to settle infighting or otherwise intervene in partisan disputes that tend to arise within the affairs of this state’s political parties. …
“The Circuit Court in this case did precisely what this Court and other lower courts repeatedly have refused to do when it decided to exercise jurisdiction to interfere in a purely political matter relating to the management and proceedings of the West Virginia Republican Party. … The Circuit Court failed to heed this court’s warning about the consequences that inevitably arise if a political party is not left to manage its own affairs without judicial interference.”
The notice says Tabit’s ruling is based on an interpretation of a 1909 state Supreme Court ruling regarding the removal of a road surveyor, who was a public official voted into office. The GOP says that ruling is inapplicable because Cornelius is not a public official.
For his part, Cornelius says he still is trying to move forward with the business of running the Wood County Republican Executive Committee, and he has said he is running for a spot on the Wood County GOP Executive Committee again this year. Such elections are held during the primaries of even-numbered non-presidential elections.
“We have a job to do in Wood County, to elect Republicans and give the folks here the conservative leadership they elected,” Cornelius previously told The Record. “I'm glad to be back at it and make sure we elect the best people this year.”
He declined comment on the appeal, but he did say he’s still having issues obtaining information from the state party and new Chairman Mark Harris despite last month’s court order.
“Despite having 25 days since the receipt of my list, you have thus far not honored the bulk of my records requests above in advance of this Winter Meeting,” Cornelius wrote in a February 24 email to Harris and other party officials. “No member of this Party or Committee should have to wait a month or more for a simple request of past meeting minutes, meeting attendance records, or relevant financials & audits.
“Further, no one from WVGOP has apparently acted yet to ensure the proper return of my signature authority to the bank account, PO Box and property of the Wood County Republican Executive Committee to my control, as the Court generally instructed the WVGOP to do on 1/20/22 in Circuit Court and the 2/14/22 Court order.”
He then quoted Tabit’s order “directing them (WVGOP) to take all actions necessary and proper for effectuating the administration and management of the Wood County Republican Executive Committee by the Petitioner and the other legitimate and official members of said body.”
In a March 21 email, Cornelius also said he likely will “have to pursue additional legal remedies for those involved who possess these items without authority and seized them at the direction of the WVGOP and its officers in contravention of law since June of 2019.”
He then quoted a tweet by Williams from last week regarding an Ohio Supreme Court ruling.
“It is a fundamental truth in our Republic that the orders of Courts must be followed,” Williams posted on Twitter. “I’m not sure why they don’t get this.”
“He's probably right,” Cornelius said of Williams’ tweet.
Cornelius is being represented by Tony Majestro and J.C. Powell of Powell & Majestro in Charleston. In state court, the state GOP was represented by Andrew Dornbos of Charleston, and Warner was represented by John Gianola of Gianola Barnum Wigal & London in Morgantown. In the Supreme Court appeal, the party is being represented by Williams and Shaina Massie of Nelson Mullins in Huntington and by Dornbos.
West Virginia Supreme Court of Appeals case number 22-0194 (Kanawha Circuit Court case number 19-P-332)