CHARLESTON — West Virginia Intermediate Court of Appeals Chief Judge Dan Greear recused himself from the Hope Scholarship appeal and another judge has been named to hear the case in his place.
Greear voluntarily recused himself pursuant to Rule 33B of the Rules of Appellate Procedure because he used to be counsel to the West Virginia House of Delegates Speaker Roger Hanshaw.
"I have participated in discussions regarding this case with the Speaker, in my capacity as his counsel," Greear wrote in the letter. "I have also participated in discussions with counsel from the Office of Attorney General in that capacity."
West Virginia Supreme Court Chief Justice John Hutchison granted Greear's request for recusal and named Circuit Judge Jennifer P. Dent to serve in his place in hearing the case.
Attorney General Patrick Morrisey filed an appeal from an injunction against the Hope Scholarship Act earlier this week and asked the Intermediate Court of Appeals to overturn the preliminary and permanent injunction ordered by Circuit Judge Joanna Tabit.
Morrisey said he hoped the court would act quickly because families are currently in limbo.
"We are continuing to fight for the Hope Scholarship Act, an important law that gives parents the right to choose the education they see fit for their children," Morrisey said. "We know this law is constitutional. So, we urge the court to act because thousands of families who were supposed to receive educational funding for their children remain in limbo—with the school year just around the corner."
In her July 22 order, Tabit wrote that because private schools cost more than the Hope Scholarship amounts and there are many other expenses outside of tuition that families must cover, vouchers can only be used by families with the resources to pay the additional private school tuition and costs.
"As a result, the public schools will have fewer funds to educate a higher proportion of students with the most significant needs—including students from low-income families and students with disabilities—who are among the most expensive to educate," Tabit wrote.
Tabit wrote that public funds could only be used to fund public schools. She enjoined the state from implementing the program and denied the state's request to stay the injunction.
The Hope Scholarship Act was passed by the Legislature and signed by Gov. Jim Justice in 2021.
Earlier this month, the state education department argued the money incentivized people to leave public schools, which would reduce school funding, teachers and staff.
