Tag: Chief Justice Margaret Workman

Senate Planning to Ask Supreme Court to Reconsider Blocking Impeachment Trials

Moments after West Virginia Senate President Mitch Carmichael gaveled in Monday morning, an anticipated but nevertheless awkward silence fell across the chamber. But that silence, indicating a roadblock in impeachment proceedings, gave way to lengthy discussions about what might happen next.

After making his way through chamber formalities, Carmichael called Acting Chief Justice Paul Farrell to the podium to begin the day.

But Farrell, a circuit judge from Cabell County who is presiding over the impeachment trials of state Supreme Court justices, was nowhere to be found.

The Senate had been set to begin the impeachment trial of West Virginia Supreme Court Chief Justice Margaret Workman. But an opinion handed down Thursday — by a temporary bench appointed to hear her challenge to her impeachment — has effectively blocked any proceedings from moving forward.

According to that opinion, Workman’s impeachment was unconstitutional — and the House of Delegates did not follow due process when they passed individual articles, but not a full resolution, on impeachment.

With the Senate unable to move forward, members spoke Monday about how they might  continue the trials. In addition to Workman, retired Justice Robin Davis and suspended Justice Allen Loughry have yet to stand trial in the court of impeachment. Justice Beth Walker was tried and acquitted earlier this month.

Senate Judiciary Chairman Charles Trump, R-Morgan, said the Senate should not have been named in Workman’s lawsuit filed ahead of her trial. In Workman’s challenge to her impeachment, filed in September, attorneys argued the impeachment articles charging her were unconstitutional.

The House of Delegates has the sole power to impeach public officials, according to the West Virginia Constitution. State senators act as jurors in a trial of those accused.

“So, to the extent that Chief Justice Workman’s petition called upon the state Supreme Court to review what occurred in the West Virginia House of Delegates, the West Virginia Senate is not the right party to answer,” Trump said.

Trump said lawmakers should ask the West Virginia Supreme Court to reconsider its decision on the case.

“We are in a very important moment here and it’s critical for our institutions of government. It’s critical for the citizens of West Virginia. It’s critical for the future, for those who will follow us and look back to see what we did or didn’t do. It’s critical that we get it right,” Trump said.

Others, including Sen. Mike Romano, D-Harrison, argued it’s best to just go along with the court’s decision and walk away from the looming trials.

“It’s time now — after the weeks and the thousands upon thousands of dollars that we’ve expended in this process — to decide what really is the end game. What will we really gain by continuing on?” Romano said.

Others suggested compelling Farrell, the presiding judge, to appear and oversee the impeachment trial. Sen. Robert Karnes, R-Upshur, took aim at Workman for appointing Farrell, who then appointed a retired Justice Thomas McHugh, who appointed James Matish to act as chief justice and, in turn, choose a group of judges to hear the case.

“Are we going to allow people to just deliver their own self-interest in whatever way they want?” Karnes said.

Del. Rodney Miller, a Democrat from Boone County who is one of the House Managers acting as the prosecution, said the House could reconvene, draft and consider an article of impeachment against suspended Justice Allen Loughry. Loughry was convicted last week on 11 of 22 federal charges, including fraud, witness tampering and making false statements.

But Carmichael said, for now, the Senate will ask the court to reconsider its opinion that blocks Workman’s trial from proceeding.

“We will file a petition for requesting reconsideration. And we’ll do that immediately,” Carmichael said. “We are going to be respectful, professional and ensure that we adhere to all the constraints and the requirements of the law and will handle this appropriately.”

Supreme Court Ruling Blocks Workman's Impeachment Trial, Says Overall Process Was Flawed

This is a developing story and may be updated.

The West Virginia Supreme Court of Appeals says the impeachment trial of Chief Justice Margaret Workman is unconstitutional. A writ of prohibition was granted Thursday, effectively blocking Workman’s impeachment trial from moving forward.

The court ruled that Workman and other justices had no jurisdiction over the alleged violations in which they were named in articles of impeachment.

The ruling also says the impeachment process was flawed — in that a resolution was never fully adopted, although individual articles of impeachment had been approved.

Workman’s attorney, Marc Williams, says the ruling will block Workman’s trial from moving forward. He also says it may have implications for all of the impeachment trials.

Senate spokeswoman Jacque Bland says they have received the court’s order and are planning an appeal to the U.S. Supreme Court.

Williams says he will vigorously defend their position if an appeal takes place.

Bland says the Court of Impeachment will still convene at 9 a.m. Monday.

Acting justices on the case were James Matish, Lucas Bloom, Jacob Reger, Rudolph Murensky and Ronald Wilson.

Chief Justice Workman, Justice Walker Vow Not to Resign Following Impeachment

Two justices of the West Virginia Supreme Court of Appeals say they will not resign, despite being impeached by the House of Delegates.

The Tuesday announcements from Chief Justice Margaret Workman and Justice Beth Walker came hours before a deadline that would trigger a November special election to fill the remainder of any terms left by vacancies. Their statements followed the resignation of another justice Tuesday.

Workman, who was elected to the bench as a Democrat, was impeached through two articles adopted Monday. She was charged by the Republican-controlled House of Delegates for failing to provide administrative oversight of the court and authorizing the overpayment of senior status judges, a violation of state code.

Workman’s announcement came after Justice Robin Davis stepped down from the court Tuesday morning. Davis announced her retirement in the chambers of the state Supreme Court. She was also impeached for the same offenses as Workman as well as for lavish spending on court office renovations.

“I was dismayed by the House of Delegates’ decision yesterday to pursue the mass impeachment of the entire West Virginia Supreme Court,” Workman said. “I will miss my colleague and friend, Justice Robin Jean Davis, but respect the reasons she chose to retire.”

In a statement, Workman vowed not to resign from the court or from her position as chief justice.

“There is no basis for my impeachment, and I will continue to do the work, both administrative and judicial, that the people of West Virginia elected me to do,” she said.

Workman said the cases set for the fall term, which opens September 5, will be heard and decided as scheduled.

Last week, Workman appointed Circuit Judge Paul Farrell to the state Supreme Court bench. According to an administrative order, he will preside over the Senate as acting chief justice during an impeachment trial. The state constitution says the chief justice or another justice must preside over the upper chamber.

“I look forward to putting all the facts before the Senate in the next phase of this process,” Workman said.

Justice Walker — who was elected in a non-partisan election in 2016 but lost a 2008 bid for the bench as a Republican — issued a separate statement Tuesday. She also stated that she will remain on the bench and face trial.

“I remain committed to my oath of office and to serving the citizens of this great state. My focus will be on earning their trust and confidence and restoring integrity to their Supreme Court. Even though I disagree with some of the decisions of the House of Delegates, I respect their important constitutional role in this process and I take full responsibility for my actions and decisions. I look forward to explaining those actions and decisions before the State Senate,” Walker said in a written statement.

Walker also acknowledged spending by the court, which was a central focus of impeachment investigations and adopted articles. 

“I agree that expenditures prior to my election were ill-advised, excessive and needed greater oversight. As an important part of our government’s checks and balances, I will work with the legislature and support their oversight of the Court’s budget,” she said.

Suspended Justice Allen Loughry was also the subject of articles of impeachment. He was targeted in eight articles impeachment — for failing to provide administrative oversight, lavish spending on office renovations, lying under oath, the overpayment of senior status judges and the private use of state resources, including cars, computers and furniture.

The Senate needs 23 of 34 votes to convict and remove an elected public official from their position. Republicans hold 22 seats in the Senate.

 

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