Gov. Jim Justice said he will make a decision early next week when he’ll call a special legislative session. In a Wednesday media briefing, he said he was hopeful the session would happen in May.
Gov. Jim Justice said he will make a decision early next week when he’ll call a special legislative session. In a Wednesday media briefing, he said he was hopeful the session would happen in May.
Justice has committed to reversing the Medicaid cuts made in a scaled-down budget passed on the last day, in the last hour, of the regular legislative session.
“I don’t know why we did this,” Justice said. “We stripped money out of the budget that was in my budget, that really and truly was there to help, whether it be Medicaid or whatever. There’s so many people that are in need in this state. We’ll put it back for sure.”
The Legislature passed a so-called skinny budget due to fears over a possible $465 million federal “clawback” regarding federal education funding spent during the pandemic. The U.S. Department of Education eventually granted a waiver, dismissing the “clawback.” Justice said he told everybody all along the waiver would come.
“Lo and behold, the sky didn’t fall, did it,” Justice said. “Now all we’ve done is bring a tremendous amount of anxiety and issues to those that are absolutely hurting the most.”
When pressed to name some specific issues he might include in the call, Justice instead listed generalities.
“I want to see that we take care of our kids, we take care of our seniors, we take care of our vets, we’ll absolutely take care of issues like childcare,” Justice said.
The last special session called in August 2023 was in response to a Department of Corrections staffing crisis and concerns over first responder funding. Justice however, included 44 proposed bills in that special session call.
A finalized state budget for fiscal year 2025 must be completed by June 30.
After the death of 14-year-old Kyneddi Miller, who was discovered by police in a near skeletal state on the bathroom floor, questions about what could have been done to prevent this are swirling.
State officials, as well as members of the media, have requested information from the state to find out what was done — and what wasn’t — by state agencies charged with protecting the welfare of children in the state. Yet little to no information has been released, despite FOIA requests
After the death of 14-year-old Kyneddi Miller, who was discovered by police in a near skeletal state on the bathroom floor, questions about what could have been done to prevent this are swirling.
State officials, as well as members of the media, have requested information from the state to find out what was done — and what wasn’t — by state agencies charged with protecting the welfare of children in the state. Yet little to no information has been released, despite FOIA requests. Journalists with West Virginia Watch received documents that were nearly entirely redacted.
Now the Justice administration has said it is exploring ways to legally provide better information to the public.
“I’ll absolutely direct them to follow the law. You know, without any question,” Justice said.
Cynthia Persily, cabinet secretary of the Department of Human Services said that the administration is also looking to other states to understand their transparency practices. Persily advised journalists and members of the public to obtain and use the critical accident report that is filed annually.
“That report, of course, has not been reported on in the media,” Persily said. “And we would just encourage everyone who wants to have information about child fatalities in the state to look at that report and the information is contained there.”
However, that report shows limited details on CPS actions, responsibility, and culpability. The current report does not have any information of the death of Kyneddi Miller.
While Republican candidates dominate the media leading up to next week’s primary election, there are also Democrats up and down the ballot running for state offices. Their campaign strategy, however, takes a different path.
While Republican candidates dominate the media leading up to next week’s primary election, there are also Democrats up and down the ballot running for state offices. Their campaign strategy, however, takes a different path.
Del. Mike Pushkin, D-Kanawha, chair of the West Virginia Democratic Party, spoke with Government Reporter Randy Yohe on the efforts to rebuild the party and restore Democrats to state offices.
The transcript below has been lightly edited for clarity.
Yohe: What has been the Democrats’ overall philosophy for running candidates in the primary election?
Pushkin: During the candidate recruitment process, obviously, we’re looking for community leaders, people who run on a record, and people who are qualified to do the job that they’re seeking. We’re recruiting people who are true public servants, rather than just people seeking political gain.
Yohe: In the state constitutional or Board of Public Works offices, there are single Democratic candidates, except for attorney general. There’s no candidate for state treasurer in the primary. So what’s the game plan for these particular posts?
Pushkin: It’s very difficult right now for Democrats in West Virginia. We feel that the people deserve choices. And we were able to field candidates in all but one of the Board of Public Works races. The thing is candidates on our side are far more qualified to do the job.
Yohe: What kind of work on the ground has gone into finding and running the candidates for all the open state Senate and House of Delegates offices?
Pushkin: It started with helping to rebuild the county Democratic Executive Committees, getting people on the ground in different parts of the state, and that’s a work in progress. We’ve got a whole lot of work ahead of us to rebuild this party, and to start winning back seats up and down the ballot. It is what we feel would result in a better government for the people of West Virginia. What they have now is a supermajority that’s the least transparent government we’ve ever seen and the least accountable government we’ve seen in a long time. It doesn’t really seem to respond to the will of the people.
Yohe: Kanawha County Commissioner Ben Salango was the 2020 Democratic candidate for governor running against Jim Justice. In 2024, it’s Huntington Mayor Steve Williams. However, Salango did consider running again. Can you talk about the agreement between the two men and the party and how that came about?
Pushkin: I can’t comment on private conversations between Commissioner Salango and Mayor Williams, but I do feel we have a great candidate for governor [in] Mayor Steve Williams. He’s the only three term mayor of Huntington and he was elected to three terms because he’s done a great job. People forget when he took over as mayor, Huntington was in pretty bad shape. He has really turned that city around and he’s got a great story to tell.
Recently, Mayor Williams has called on our current governor, Gov. [Jim] Justice, and the Republican legislature to allow the people to vote on a constitutional amendment to restore reproductive freedom in West Virginia. In state after state when the people get to choose, they have chosen to restore this right that has been on the books for over 50 years. I think it’s important to let the people decide and put freedom on the ballot this year. So we stand with Mayor Williams calling for this measure to be put on the ballot.
Yohe: How robust will Williams’ campaigning be leading up to the general election in November?
Pushkin: He’s going to run a great campaign. He has the benefit of not having a primary. On the Republican side, they’ve had a bitterly fought primary. And we have been inundated with commercials that really do not address the issues at all. While they’re fighting over who can run the most shocking ads and bickering over social issues that really don’t have a whole lot to do with the day to day lives of West Virginians, Mayor Williams is actually talking about real issues. He’s going to continue to discuss real issues that affect the day to day lives of West Virginians up until November.
Yohe: There’s the theory that intense primary campaign mudslinging by the Republican gubernatorial candidates might drive voters over to the Democratic candidate come general election time. Your thoughts on that theory?
Pushkin: We watch these ads from the Republicans running for governor. Is there any real difference between any of the top four candidates? I mean, their commercials are really just interchangeable. It’s all about the same things. And all of that is really meaningless when it comes down to the day to day lives in West Virginia. Mayor Williams is talking about real issues, he’s running a real campaign based on real issues that affect the lives of West Virginians. What he’s talking about is actually meaningful, instead of this ridiculous cultural war stuff that we see on the other side. I don’t really see any difference between the major Republican candidates, but we’re providing a real difference and a real choice for voters and Mayor Williams this fall.
Yohe: Anything else you want to tell me about this subject I didn’t ask?
Pushkin: We know what we’re up against here in West Virginia. It’s been rough for Democrats in the last couple of cycles, but we’re going to continue to keep fighting. We feel that people deserve choices. I trust that people are going to make the right choices in many of these races. We’re going to keep working and continue to talk about real issues, while the Republicans try to out-Trump each other.
Following Cabell County and Huntington’s loss of their opioid lawsuit, the localities appealed that decision. Now the state supreme court is involved, and the city and the county have filed a 40-page brief with the court – asking it to see things their way.
Following Cabell County and Huntington’s loss of their opioid lawsuit, the localities appealed that decision. Now the state supreme court is involved, and the city and the county have filed a 40-page brief with the court – asking it to see things their way.
The localities didn’t lose for lack of evidence. They lost on a general disagreement on what qualifies as a “public nuisance.” The U.S. District Court for the Southern District of West Virginia had a narrow interpretation of what constitutes a public nuisance. This differed from what both the plaintiffs and other courts have considered to be a public nuisance.
When Huntington and Cabell appealed the case, the appellate court looked to the West Virginia Supreme Court of Appeals to answer this question: Can public nuisance laws be used to successfully sue drug distribution companies?
Huntington and Cabell argued in their brief that the answer to that question is yes. And there is plenty of case law cited to support that, including a statewide opioid lawsuit that was won on a nearly identical premise and legal standard. The brief also lists other smaller lawsuits against energy and lumber companies that successfully used a public nuisance charge.
In a 1997 case against Kermit Lumber, a public nuisance legal standard was successfully used by the state of West Virginia. The court said in its decision that the term “public nuisance” does not have an exact definition, generally it has been described as the doing of, or failure to do something, that adversely affects the safety, health or morals of the public, or creates a substantial annoyance, inconvenience or injury to the public.
“The federal district court opined that West Virginia law does not recognize a public nuisance claim based on the distribution of a controlled substance. Petitioners maintain that the district court erred in reaching that conclusion,” the brief said.
Cabell and Huntington say that the more than 81 million dosage units that flooded a community of around 100,000 people, and the drug epidemic that ensued, is the responsibility of three drug manufacturers — McKesson, AmerisourceBergen and Cardinal Health. Those three companies supplied 89 percent of the Oxycontin that was sent to Cabell County.
The localities say in the brief that the unreasonable opioid distribution practices that they say caused addiction, overdose deaths, infectious diseases, crime and decimated neighborhoods interfered with public health safety, property and resources.
The brief also outlined the detrimental effect the epidemic had on babies and pregnant women in the state.
“Thousands of babies — at times up to 10 percent of all newborns in Cabell/Huntington — have been born with neonatal abstinence syndrome due to pregnant mothers opioid use,” the brief said.
The brief also lays out facts around the drug manufacturer’s failure to properly monitor the distribution of highly addictive substances, including multiple instances when federal regulators intervened with the companies warning them of lack of oversight in distribution and even taking punitive action.
“In 2005, DEA met with respondents to convey the rising problem of opioid diversion and warned them that failing to maintain effective controls against diversion would create a crisis,” the brief said.
It goes on to say that respondents did not take action to combat an influx of pills headed to small, rural areas like West Virginia, but instead took actions that incentivized employees of the drug distribution companies to continue the trend.
“Respondents (Cardinal, McKesson, AmerisourceBergen) used sales employees to conduct due diligence even though respondents compensated those workers based on how many opioids they sold,” the brief said.
West Virginia Public Broadcasting has reached out to all three companies but did not hear back in time for publication. The three companies’ brief, which will argue why the narrow interpretation of a public nuisance by the fourth circuit court should be upheld, is scheduled to be filed May 20.
Days before a West Virginia circuit court removed her from office, former Jefferson County Commissioner Jennifer Krouse unexpectedly left the Republican Party behind.
Elected as a “staunch, God-fearing conservative” in 2022, Krouse swapped political affiliations in late April and registered with the Mountain Party — West Virginia’s progressive, environmentalist affiliate of the Green Party.
Now, county officials and party representatives alike are scratching their heads over how to fill Krouse’s vacancy, and what party her replacement must come from.
A last-minute switch
Two members of the Jefferson County Commission — Krouse and state auditor candidate Tricia Jackson — were removed from office by order of a West Virginia circuit court Wednesday.
The commissioners skipped seven consecutive meetings from September to November 2023, protesting efforts to fill a vacant commission seat with candidates Krouse previously said were not “actual conservatives.”
A panel of judges ruled that this weeks-long protest amounted to “official misconduct” or a “neglect of duty,” as their absence prevented the commission from meeting quorum and conducting business.
But about one week before the court’s decision, Krouse switched political affiliations.
Under current West Virginia law, county commissioners have 30 days to fill vacant seats by a simple commission vote. Their appointee must be “a person of the same political party” as the individual who held office “immediately preceding the vacancy.”
This year, the West Virginia Legislature passed a bill amending this law so that appointees must be members of the vacating officer’s party upon election. Lawmakers repeatedly cited contentions over vacancy proceedings in the Jefferson County Commission while updating the policy.
But the new law does not take effect until January 2025, and the earlier policy still remains in place. That means Krouse’s successor must be a member of her party upon removal from office — the Mountain Party.
The Jefferson County Commission holds its public meeting May 2, the first meeting following the removal of former Commissioners Tricia Jackson and Jennifer Krouse from office.
Photo Credit: Jefferson County Commission
Filling vacancies (again)
Stephen Stolipher, sitting president of the Jefferson County Commission and chair of the Jefferson County Republican Executive Committee, said he is unsure why Krouse switched parties.
“She certainly has never really acted like a Republican, [but] the Mountain Party is far, far left,” he said.
Mountain Party Chair Denise Binion is not sure either. She said the ousted commissioner’s “politics don’t match the party at all.”
Krouse did not respond to written requests for comment on this story. But her decision follows months of disputes with the local Republican party, and has implications for the selection of her successor.
As it currently stands, the three remaining members of the Jefferson County Commission have until May 31 to fill the vacancies through a majority vote.
Krouse’s vacancy must be filled by a member of the Mountain Party, and Jackson’s vacancy must be filled by a member of the Republican Party, per state law.
With a general election slated for this fall, these appointees would only hold office for a few months, according to Deak Kersey, chief of staff and former legal counsel for the West Virginia Secretary of State.
To keep their positions, appointed commissioners must be voted into office in the general election immediately following their appointment. Otherwise, Kersey said they only remain in office until the county certifies the results of its November general election, when new commissioners are elected.
But the future of the Jefferson County Commission is muddied by the possibility of a judge siding with Krouse or Jackson on appeal.
The Jefferson County Commission meets in the basement of the Charles Town Library.
Photo Credit: Jack Walker/West Virginia Public Broadcasting
A potential appeal
Jackson has already publicly stated that her attorney will appeal the circuit court’s decision to remove her from office.
If the appeal is rejected, vacancy proceedings will continue as usual, Kersey said. However, things are more complicated if a judge decides differently.
While awaiting a result on the appeal, a circuit court judge could suspend Krouse and Jackson’s removal from office, allowing them to return to work until the decision is finalized, Kersey said.
Alternatively, Kersey said that a judge siding with the commissioners after their vacancies have been filled would likely nullify any appointments, restoring Krouse and Jackson’s positions.
If such a decision came after the general election, things would become even more complex, and Kersey said it would likely require clarification from the state’s Supreme Court.
“The court would have to give some guidance to that effect, because it would have a lot of downstream impacts,” he said.
In this case, Kersey said the election results would most likely be nullified, allowing Krouse and Jackson to serve their original, full terms — until 2029 and 2026, respectively.
Kersey said that he is unsure how long the appeal process would take, as decisions vary on a case-by-case basis. But he said courts would likely reach a decision on a quickened timeline.
Courts “treat election issues expeditiously because of the fact that we have elections every two years,” he said. “You don’t want the government putting people in places for too long that weren’t elected by the people.”
In the coming weeks, Kersey said representatives from Secretary of State Mac Warner’s office will meet with members of the commission to offer guidance on filling the current vacancies.
In the meantime, Stolipher said the commission will continue to meet on its regular, biweekly basis.
“We currently have a quorum of three members,” he said. “We’re still meeting and conducting business.”
On this West Virginia Morning, a West Virginia circuit court removed two members of the Jefferson County Commission from office, but a last-minute party change has cast confusion over who will name her successor.
Also, the construction of a pipeline in western Pennsylvania and a rupture in the Mountain Valley Pipeline has left environmentalists asking questions.
On this West Virginia Morning, a West Virginia circuit court removed two members of the Jefferson County Commission from office. But as Jack Walker reports, a last-minute party change has cast confusion over which party will name her successor.
Also, the construction of a pipeline in western Pennsylvania and a rupture in the Mountain Valley Pipeline has left environmentalists asking questions.
West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.
Support for our news bureaus comes from Shepherd University.
Emily Rice produced this episode.
Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning
