Tag: Evan Jenkins

Moats Named To Temporary Seat On W.Va. Supreme Court

A circuit judge has been appointed to a temporary seat on the West Virginia Supreme Court after the resignation of Justice Evan Jenkins.

Chief Justice John Hutchison on Monday appointed Alan D. Moats to the high court. Moats has served in the judicial circuit covering Barbour and Taylor counties since 1997.

Moats will serve on the Supreme Court until Gov. Jim Justice appoints someone to the seat. That person then would serve until a election can be held for the remainder of Jenkins’ term through 2024.

Jenkins announced Friday that he is resigning to return to private law practice.

Jenkins was appointed and then elected to the seat of retired Justice Robin Davis following the Supreme Court’s 2018 impeachment scandal.

Supreme Court Justice Evan Jenkins To Resign

West Virginia Supreme Court Justice Evan Jenkins announced his resignation this afternoon.

Jenkins told Gov. Jim Justice in a letter Friday that he’s stepping down from the court as of Sunday. Jenkins told the governor he’s returning to private practice.

Justice appointed Jenkins to the Court in 2018, and he was elected to a full term that expires in 2024.

The Judicial Vacancy Advisory Commission will fill the vacancy, and voters will have the chance to elect a new justice.

Jenkins was previously a member of the U.S. House of Representatives from West Virginia and also served in both the state Senate and House of Delegates.

Jenkins, of Huntington, was West Virginia’s chief justice in 2021.

Before his appointment to the court in 2018, Jenkins ran in the Republican primary for the U.S. Senate. Attorney General Patrick Morrisey beat Jenkins and former Massey Energy CEO Don Blankenship.

W.Va. Chief Justice Suspends Some Court Health Protocols

West Virginia Chief Justice Evan Jenkins has suspended many of the court health protocols that arose last year from the coronavirus pandemic.

Jenkins’ administrative order contained some exceptions.

Courts should continue using remote technology when possible for hearings and proceedings, Jenkins’ order said. They should also continue avoiding the use of call dockets to cut back on extended waiting periods in lobbies, common areas and court rooms, he wrote.

Protocols for people in prison or jail remain in effect, and hearings for such people should continue to use video conferencing to reduce the risk of a COVID-19 outbreak in a jail or corrections facility, Jenkins wrote.

If circumstances change or a local outbreak occurs, additional steps may be taken.

Proposal Would Add Civility Pledge To Lawyer Oath In W.Va.

Lawyers being admitted to practice in West Virginia would recite a pledge of civility under a proposal by the state Supreme Court.

Supreme Court Chief Justice Evan Jenkins signed an order Monday that would put the proposal out for public comment, the court said in a news release. The court will review the comments and decide on final adoption.

Jenkins said it’s another step the court is taking to improve the practice of law in the state. Among those taking the expanded oath Monday were the court’s justices, West Virginia State Bar President Tom Scarr and Jason Pizatella, president of the state Board of Law Examiners.

The expanded version of the oath recited by lawyers would include that they will conduct themselves “with integrity, dignity and civility and show respect toward judges, court staff, clients, fellow professionals and all other persons.”

“West Virginians are by nature friendly and civil, and our attorneys are courteous to each other, the judiciary, and the public,” Jenkins said. “This pledge alerts everyone in our profession and the public that being kind and respectful is not just a good idea, it is now a professional standard to practice law in our state.”

The proposed new oath is available for viewing on the Supreme Court’s website. Comments must be filed in writing with the court’s clerk in Charleston.

Challenge to Jenkins' Supreme Court Special Election Bid Dismissed, Appointments Will Stand

The West Virginia Supreme Court of Appeals has dismissed cases seeking to challenge appointments to — and a special election campaign for — the high court. Arguments were heard Monday and an order was issued hours later in matters involving Congressman Evan Jenkins and former House Speaker Tim Armstead.

Two separate lawsuits sought to prevent the appointments of Jenkins and Armstead to the state Supreme Court. One of those suits also sought to prevent Jenkins from running in a November special election and argued that his lapsed law practice made his bid unconstitutional.

Acting Chief Justice Paul Farrell and four other temporarily appointed justices ruled “there is no clear right to the relief sought by the petitioners.”

In a statement following the decision, Jenkins called the suits “bogus.”

Chief Justice Margaret Workman and Justice Beth Walker were disqualified from the case, as they await impeachment trials.

Gov. Jim Justice appointed Jenkins and Armstead to the court last month, following the retirements of Justices Menis Ketchum Robin Davis. Those appointments are only temporary, as the remainder of the terms — with the seat Jenkins will hold through 2024 and Armstead’s through 2020 — will be filled through a November special election.

The two justices stepped down from the bench amidst a nearly year-long scandal involving costly spending by the court and accusations of other administrative malfeasance.

 

Lawsuit Challenges Special Election Campaign, Appointments to West Virginia Supreme Court

A candidate for the West Virginia Supreme Court of Appeals has filed suit to remove another candidate from the ballot and seeks to prohibit the recent temporary appointments of two justices to the bench of the state’s high court.

Charleston attorney William Schwartz has filed a writ of mandamus and a writ of prohibition with the West Virginia Supreme Court to have Congressman Evan Jenkins’ name removed from the November ballot in his bid for a seat on the bench and stop his appointment. The filing also argues that former House Speaker Tim Armstead’s appointment is unconstitutional.

The suit follows Jenkins’ and Armstead’s appointment to the court by Gov. Jim Justice last month. The two high-profile Republicans were appointed to temporarily sit on the bench after Justices Menis Ketchum and Robin Davis, both elected to the court as Democrats, resigned.

Both justices quit in the wake of a nearly year-long scandal surrounding the court that continues with looming impeachment trials. The remainder of those respective terms will be filled by a special election in November.

Schwartz, citing the state constitution, argues Jenkins is ineligible to be appointed or elected. West Virginia law states that a person must be permitted to practice law for ten years prior to being elected. Jenkins’ law license was inactive from 2014 until last month.

Armstead’s appointment is challenged because Schwartz says the former House Speaker’s vote on the impeachment resolution helped create vacancies on the court, which would put the appointment in violation of the state constitution’s emoluments clause.

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