West Virginia Lawmakers Mull Court Justice Impeachment

West Virginia lawmakers have begun the rare process of deciding whether impeachment proceedings are necessary just days after a state Supreme Court justice was charged in a 22-count criminal indictment.

The House Judiciary Committee met without taking action Tuesday. Earlier the House of Delegates voted to have the committee investigate any justice but decided against setting a deadline.

Justice Allen Loughry pleaded not guilty in federal court last week. He was suspended over allegations he repeatedly lied about using his office for personal gain.

The committee heard from former delegate Mark Harman, who was involved in impeachment proceedings against state Treasurer A. James Manchin in 1989. The House impeached Manchin after the loss of $279 million in state investments, but he resigned before the state Senate took up the measure.

W.Va. Legislative Leaders Ask Judiciary Chairs to Consider Impeaching Loughry, Other Justices

Updated: Friday, June 22, 2018 at 6:00 p.m.

Hours after a West Virginia Supreme Court justice pleaded not guilty in federal court, top legislators have asked committee chairmen to consider beginning impeachment proceedings against the embroiled justice and others. 

Senate President Mitch Carmichael and House Speaker Tim Armstead sent a joint letter Friday to the Joint Judiciary Committee. The legislative leaders are asking the chairmen to “initiate a process of reviewing all available information for the purpose of evaluating impeachment proceedings which may be necessary for any member or members of the West Virginia Supreme Court of Appeals.”

“There is an ample and sufficient body of evidence available for your Committee to begin a review of these matters,” Carmichael and Armstead continued in the letter.

According to the letter, the review would include materials from recent legislative audits regarding the Supreme Court, a Judicial Investigation Committee complaint and the federal charges brought against state Supreme Court Justice Allen Loughry.

Carmichael and Armstead have asked their respective judiciary chairmen — Sen. Charles Trump and Del. John Shott — to begin the review as soon as possible during the next regularly scheduled legislative interim meetings, which are slated for June 24 through June 26.

The evaluation is expected to include recommendations as to whether a special session is appropriate to take formal action related to any such potential impeachment.

Carmichael and Armstead’s request came hours after Loughry pleaded not guilty to 22 federal charges, including fraud, witness tampering and making false statements. He remains free on $10,000 bond.

If convicted on all counts, Loughry could face a total of 395 years in prison, a fine of $5.5 million and a term of supervised release of up to 3 years.

Loughry was suspended without pay on Friday, June 8. Legislative leaders from both parties and Gov. Jim Justice have called for Loughry’s resignation. Gov. Justice also stated he “would be open to calling a special session” and that he planned to continue to have a dialogue with legislative leaders regarding the possibility of Loughry’s impeachment.

Loughry’s next court appearance is scheduled for Aug. 28 at 9:30 a.m. His travel is also restricted to the Southern District of West Virginia until that time.

Justice Loughry Indicted on Federal Charges of Fraud, Witness Tampering, Making False Statements

A grand jury in West Virginia’s southern district has indicted state Supreme Court Justice Allen Loughry on 22 counts. The charges include fraud, witness tampering and making false statements.

U.S. Attorney Mike Stuart says FBI agents arrested Loughry Wednesday morning and brought him to the Robert C. Byrd federal courthouse in Charleston for processing.

The 22-count indictment charges Loughry with sixteen counts of mail fraud, two counts of wire fraud, three counts of making false statements to a federal agent and one count of witness tampering.

Stuart said the maximum sentence for all charges total 395 years in prison, a fine of $5.5 million and a term of supervised release of up to 3 years.

“For the past several weeks, public officials across West Virginia have been quick to condemn Justice Loughry, perhaps with the hope that the crisis in public confidence with the Supreme Court could be expediently resolved by lodging all culpability on just one person – Justice Loughry,” Sturart said in a news release.

“That may or may not, however, be the case.  Our work continues on many fronts, including additional areas of corruption.  I urge public officials and the public to respect this process and allow the process to play out,” Stuart added.

The state supreme court suspended Loughry without pay earlier this month following an investigation that found he abused the prestige of his office. He is also accused of lying to the media, lawmakers and the public about his knowledge of high-cost renovations to the Supreme Court offices and improper use of state resources, including furniture and vehicles.

Following his suspension, legislative leaders of both parties and Gov. Jim Justice called for Loughry’s resignation.

Audit Targets Two West Virginia Supreme Court Justices

An audit of the West Virginia Supreme Court has found two justices may have violated state Ethics Act provisions that prohibit using public office for private gain.

Legislative Post Audit Division director Denny Rhodes released a 60-page report to a legislative committee Monday that found justices Allen Loughry and Menis Ketchum ignored mandatory reporting guidelines for the use of state-owned vehicles. It also questioned Loughry’s personal use of rental vehicles at state expense during out-of-state trips.

The report also says Loughry had a state-owned antique desk appraised at $42,000 brought to his home in 2013. Loughry returned the desk after media inquiries.

Rhodes says the findings have been reported to the West Virginia Ethics Commission.

West Virginia Top Judge Sends Furniture to Warehouse

The chief justice of West Virginia’s highest court has been parting with furniture this week.

The Charleston Gazette-Mail reported that workers on Thursday took a desk from Justice Allen Loughry’s Charleston home to a Supreme Court warehouse.

On Monday, Loughry had court employees take a leather couch from his home to the court warehouse.

That followed a column in the newspaper questioning the couch’s whereabouts.

Loughry said it wasn’t state property but bought by the late Justice Joe Albright, whose widow and son didn’t want it and whose son told him to keep it.

He has now donated it to the state to avoid innuendo, he said.

Court spokeswoman Jennifer Bundy said it’s appropriate justices have state desks and computers at home, where they also work. “The desk was not returned because its use was inappropriate, but because issues such as this are becoming an obstacle to the court completing its important work,” she said.

The five-member court has faced recent criticism over $3.7 million spent to renovate court offices over the past several years.

Loughry has blamed former court administrator Steve Canterbury, whom he fired in January, for the expenditures.

Canterbury said he did what the justices asked him to do.

State Supreme Court Chief Justice Gets 4-Year Term

Allen Loughry has been selected to serve a four-year term as chief justice of the West Virginia Supreme Court.The court says in a news release that it…

Allen Loughry has been selected to serve a four-year term as chief justice of the West Virginia Supreme Court.

The court says in a news release that it marks the first four-year term for a chief justice since 1888. Chief justices typically serve one-year terms.

The court voted Wednesday to change its rules and allow the chief justice to serve four years and be re-elected to subsequent four-year terms by a majority vote of the five-member court.

Loughry originally had been selected to serve one year as chief justice on Jan. 1.

He was elected to the court in 2012 for a 12-year term.

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