House Bill to Review Criminal Penalties in W.Va.

House Bill 2966 would put together an independent panel and create the West Virginia Sentencing Commission.

It was taken up by the House Judiciary Committee Monday afternoon and is sponsored by House Speaker Tim Armstead.

The Sentencing Commission would look at all of the criminal penalties in state code and make recommendations to lawmakers for potential legislative changes.

That’s what House Judiciary Chair John Shott, of Mercer County, says is the commission’s main purpose.

“We’ve had many laws on the books for decades and some new laws, and during our discussions here in the House chamber, there have been concerns expressed about disproportionality between certain crimes and others,” Shott explained, “so this would be an effort to get someone to take a look at that and give us some suggestions on how to rewrite some of those.”

Shott says the commission would help create fair and uniform sentencing guidelines for West Virginia.

It would be made up of 14 members appointed by the House Speaker, Senate President, and the Governor. Commissioners would serve for two years and wouldn’t be paid for doing so.

The House Judiciary Committee also adopted amendments to the bill Monday. One would require the commission to place a special emphasis on the state’s drug laws, and appoint additional members – two attorneys appointed by the President of the state’s bar exam, and two counselors from the West Virginia Association of Alcoholism and Drug Abuse.

The bill was approved by the committee and now moves to the full House for its consideration.

Settlement Approved for Coal Mines Owned by Governor-Elect

A federal judge has approved a settlement requiring pollution reductions and a $900,000 civil penalty by Appalachian coal mines owned by West Virginia Governor-elect Jim Justice.

The Environmental Protection Agency and Department of Justice announced the settlement in September with Southern Coal Corp. and 26 affiliates.

The settlement resolves allegations of Clean Water Act violations from Justice-owned mines in Alabama, Kentucky, Tennessee, Virginia and West Virginia.

It requires Southern Coal to use an EPA-approved environmental management system, undergo compliance auditing, implement data tracking, and pay escalating penalties for future violations. It also calls for the company to set up a public website about water test results and to produce a $4.5 million letter of credit to ensure work is done.

U.S. District Judge Glen Conrad approved the consent decree this week, finding it “fair, adequate and reasonable” and not against the public interest.

Calls to Southern Coal and its attorney were not immediately returned Thursday. Company spokesman Tom Lusk said in September that most of the violations cited were from permits inherited from coal companies not previously owned by Southern Coal.

The civil penalty will be split between the federal government and Alabama, Kentucky, Tennessee, and Virginia. West Virginia withdrew from the lawsuit talks in early 2015, saying the company’s compliance had improved under state enforcement since 2008.

Assistant U.S. Attorney General John Cruden wrote in a brief last week, supporting approval, that the settlement followed lengthy negotiations. “It ensures compliance at existing operations, reaches beyond violating facilities to impose company-wide preventive measures, and addresses environmental concerns broader in scope than those alleged in the complaint — all the while avoiding the delay, risk, and expense of protracted litigation,” he said.

The federal complaint, filed along with the proposed settlement in September, said the coal companies exceeded their permits for water pollution discharges or failed to sample water and monitor and report discharges “on numerous occasions.” Environmental Protection Agency enforcement officer Laurie Ireland cited 852 violations in 2012, dropping to 405 last year and down to 272 so far year. There have been “notable improvements” in the mines’ compliance since negotiations began in 2014, she wrote in a court document filed Dec. 2.

Meet Constitution Candidate for Governor, Phil Hudok

Phil Hudok is one of three third party candidates running for the gubernatorial seat. Hudok represents the Constitution Party. He touts his Christian values and his message of freedom as some of his qualifications for governor, and he says if elected, he would help get West Virginia on the right track.

Background 

Phil Hudok was born in Cleveland, Ohio but moved to Randolph County, West Virginia with his family when he was six-months-old where he still lives today. In 1980, he married his wife, and they have four daughters.

 

Hudok is a retired school teacher and taught chemistry, physics, biology, and human anatomy for 40 years.He’s also the vice-Chairman of West Virginia’s Constitution Party.

 

“I feel that it’s my duty to run for office even though I’m 66-years-old and I’ve never actually held an office; I’ve run several times, but I feel that our country’s in trouble,” he said.

 

Hudok ran for governor the first time in 2012 and for U.S. Senate in 2014. He collected more than 10,000 signatures over four years to be on the 2014 ballot and in this year’s governor’s race.

 

One of Hudok’s main messages is freedom, making West Virginia a freer state by keeping government in check. When it comes to the problems facing West Virginia, Hudok points to a moral meltdown as a root cause.

 

“When you don’t have a good moral compass, no contracts work,” Hudok noted, “I don’t care if it’s husband and wife. I don’t care whether it’s parents and children, or people in their government. You know, if you are not a person of your word, if you don’t have convictions, if you don’t have a moral compass, then society degenerates, and I think that’s what we have.”

 

State Budget

 

If elected, Hudok would be faced with a number of issues like balancing the state budget. Hudok would like to see West Virginia invest in an agricultural product.

 

“I would like to see the state’s number one, or number two, or number three cash crop be industrial hemp,” he explained, “We have a hard time eradicating something that actually has tremendous value in so many ways.”

 

Hudok also believes in the legalization of marijuana for both recreational and medicinal purposes, but he says it shouldn’t be an economic driver.

 

“I wouldn’t do it for economic reasons,” he said, “I’m doing it, because I believe you should be responsible for what you do. Your choice, your responsible.”

 

Education

 

The education system is another area Hudok says he would want to reform. He believes the state passes down too many unfunded mandates to the local level — things they are required to do, but don’t receive money to take on. He’d encourage less regulation, less surveillance, and more control at the local level.

 

“I believe the principal should have more power, the teacher’s should have more power, the students should have more responsibility,” he noted.

 

Hudok also says many of the problems with education can’t all be fixed in the classroom. Teachers spend their time dealing with students who don’t have parents at home or who are dealing with substance abuse, pointing back to his stance on strengthening the family structure and upholding religious values.

 

Jobs

 

Economic diversification and the creation of new jobs has been one of the biggest issues in this race, but Hudok says that’s not the governor’s duty.

 

“The only jobs government can create are government jobs,” he said, “I don’t think the government should be in competition with private enterprise.”

 

Hudok’s Message to Voters

 

Hudok says he’s not a career politician, but he’s running for governor, because he thinks the state is in major trouble, and he says he’s the one to fix it.

 

“I want to be the candidate that roared, that spent less than a couple thousand dollars. Didn’t spend millions. I’ve done a lot of research, and I was originally just science oriented, but, and I wasn’t interested in government. Now, after I had children, and I started looking where we were headed, I said, wait a minute, something’s really wrong here. ”

 

Early voting is already underway across the state. Election Day is just one week from Tuesday.

West Virginia Governor, Attorney General Races Cost Millions

West Virginia’s race for governor pitting Democratic billionaire Jim Justice against Republican state Senate President Bill Cole has cost about $8.1 million so far.

Campaign finance disclosures show Justice has spent $3.5 million through late September. He has loaned his gubernatorial campaign $2.6 million.

Cole has spent $2.1 million.

The Republican Governors Association has aided Cole with $1.6 million in ads. The Democratic Governors Association has bought $912,800 in ads to support Justice.

The attorney general’s race has racked up a $5.2 million tab.

The Republican Attorney Generals Association has invested $3.4 million in ads supporting Attorney General Patrick Morrisey. Morrisey’s campaign has spent $328,600.

Morrisey’s challenger, Democratic state Delegate Doug Reynolds, has put $1.8 million of his money into the race. His campaign has spent $1.5 million.

Mountain Party Nominates Charlotte Pritt for Governor

The Mountain Party has nominated Charlotte Pritt as its candidate for governor.

Pritt was nominated during a party convention in Bridgeport on Saturday.

As a Democrat, Pritt lost to Republican Cecil Underwood in the 1996 governor’s race.

The party also nominated candidates for attorney general and some state legislative races. It also endorsed all three Democrats running against incumbent Republicans in West Virginia’s three U.S. House districts.

Justice Takes Democratic Gubernatorial Nomination

Ending the night with around 50 percent of the vote, Greenbrier Resort owner Jim Justice was the clear winner for the Democratic Party’s nomination for governor after Tuesday’s primaries.

Credit Ashton Marra / West Virginia Public Broadcasting
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West Virginia Public Broadcasting
Jim Justice giving an interview after winning Tuesday’s primary.

The billionaire thanked his family and his fellow candidates, former U.S. Attorney Booth Goodwin and Senate Minority Leader Jeff Kessler, but quickly shifted his focus to the general election and his new opponent, Republican Senate President Bill Cole during his victory speech.

“There is a big contrast between me and a governor that’s a politician,” Justice told the few hundred supporters who gathered in the Greenbrier ballroom.

“If you elect another politician to the head of the line, to the biggest office in our state, this is going to be terribly blunt, but you and I will die 50th.”

Cole—who has always separated himself from other politicians at the statehouse by casting himself as a businessman, not a lawmaker—anticipated the attack earlier in the evening.

“I’m not a career politician, I’m a one-term state senator who happened to move up to senate presidency for the past two years,” he said in an interview after his primary win.

“I think I’ve proven that I can lead and I can deliver from a government standpoint, but one term. I’m up or out. I’m either Governor Cole or I’m citizen Cole, so no one will ever accuse me of being a career politician.”

But it was more than just Cole who Justice attacked Tuesday night. He went after the Republican-controlled Legislature as a whole, criticizing them for not being able to pass a budget when they have a majority in both chambers.

Credit Ashton Marra / West Virginia Public Broadcasting
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West Virginia Public Broadcasting
Jim Justice takes the stage to give his victory speech Tuesday at The Greenbrier.

Justice made it clear, his message heading into the general election will focus on Cole’s ties to a “dysfunctional Legislature.”

“Bill Cole and the Republicans and what they’ve done in their tenure, in recent times, a lot of people that aren’t happy and a lot of people that have been hurt and so those people will stand up with a real voice,” he said.

Justice committed to campaigning with down ticket candidates to help ensure Democrats retake control of both the House and Senate chambers.

What he won’t do though, campaign with the likely presidential candidate on the Democratic ticket, Hillary Clinton.

“I am not interested in what’s going on on the presidential scene today at all,” he said, “and there is no chance in the world that I will back anybody for president that is not supportive of our state, not supportive of our energy sector and not supportive of our coal miners.”

That is where Justice diverges from his major supporters.

Senator Joe Manchin, former Governor Gaston Caperton, as well as many other organizations and unions across the state who back Justice are also backing Clinton.

Both Manchin and Caperton have endorsed the former Secretary of State, and Manchin said he sees no contradiction in his support for both candidates, but Justice is clear, among his many campaign platforms, he’s sticking with coal.

“I am not going to go out and endorse anyone that is really not willing to go out and stand for us today,” Justice said.

With a big win for Democratic presidential hopeful Bernie Sanders in West Virginia Tuesday, separating himself from Clinton may be a way to pick up voters who are considering crossing the aisle and casting a ballot for Republican Donald Trump.

A Republican until he decided to run for governor, Justice’s outsider message and straight forward campaign platforms may pull the same support the state will likely give Trump in the fall.

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