Isaac Sponaugle Story Archives - West Virginia Public Broadcasting

As Justice Fights For Coaching Job, There’s A Renewed Legal Threat Over His Residency

A former West Virginia lawmaker who sued Gov. Jim Justice over where the governor lives says he’s once again filing legal action.

The revival of the residency dispute comes after a court case was dismissed earlier this year — and as Justice continues to fight for a high school basketball coaching position.

Isaac Sponaugle, a Pendleton County attorney and former member of the House of Delegates, notified Justice this week of his intent to sue over a constitutional mandate that the governor live in Charleston.

Article 7, Section 1 of the West Virginia Constitution states that the Governor and the state’s five other executive branch officers “shall reside” at the seat of government while in office.

In a letter sent to Justice dated Wednesday, Sponaugle said the governor isn’t abiding by an agreement stemming from earlier legal proceedings.

Sponaugle initially filed suit in 2018, alleging that Justice was in violation of the residency mandate.

After years of legal wranglings — that one time landed in the hands of the West Virginia Supreme Court of Appeals — Kanawha County Circuit Court Judge Daniel P. O’Hanlon dismissed the case in March 2021, after Sponaugle and attorneys for Justice agreed that the governor would reside in Charleston.

“Jim Justice hasn’t lived up to his word that he would reside at the seat of government,” Sponaugle said in a news release. “It’s his choice on how this will proceed, but he will reside at the seat of government, either voluntarily or involuntarily, as long as he remains governor of the state of West Virginia.”

Justice responded to the legal threat through a statement released his attorneys, Michael W. Carey and Steven R. Ruby, who called Sponaugle’s efforts distracting.

“We were disappointed to see Mr. Sponaugle grasping for media attention by trying to revive this pointless case, which he already took $65,000 in state money for settling once,” they said. “It’s simply out of touch with the objective facts of Gov. Justice’s accomplishments, which exceed those of any administration in memory… If Mr. Sponaugle is looking for a boost in his next political race, it’s unfortunate that this is how he’s decided to pursue it, because West Virginians know better.”

At least tangentially related to Sponaugle’s renewed legal threat is Justice’s recent activities in Greenbrier County. While he already coaches the Greenbrier East High School girls basketball team, Justice has been fighting to get the coaching job for the boys’ team.

Last month, the Greenbrier County Board of Education voted 3-2 to reject the governor’s application for the second coaching gig.

Supporters of the governor have spoken to the board in favor of him having the job, but players on the basketball team have said they want a coach fully dedicated to the position.

Justice has filed a public employee grievance in the matter. The Greenbrier County board is set to discuss the grievance during a special meeting set for Friday afternoon.

Upon first learning of being rejected for the position, Justice hinted at pursuing legal action through a grievance.

“From the standpoint of where we move forward and how we do things within our state, these are the very reasons that our employees across our state have laws,” Justice said at the end of an August 24 virtual briefing on the pandemic. “These are the very, very reasons. There could never be a more shining example. There’s no way.”

Sponaugle made note Thursday of Justice’s coaching ambitions as he threatened renewed legal action in the residency case.

“Jim Justice needs to decide what he wants to do with his time.He’s a part-time Governor, part-time businessman, and part-time basketball coach,” Sponaule said. “The only thing that he’s doing full-time is residing in Greenbrier County. That’s going to end, and he will abide by the Constitution whether he likes it or not.”

Gov. Justice Agrees To Live In Charleston, Residency Case Dismissed By Kanawha Co. Circuit Court

Updated Monday, March 1, 2021 at 5:40 p.m.

Gov. Jim Justice has agreed to abide by the state constitution and reside in Charleston during his second term in office. That decision follows a years-long battle in the courts that wound up in the hands of the West Virginia Supreme Court of Appeals and, ultimately, the dismissal of the case from a circuit court.

Kanawha County Circuit Court Judge Daniel P. O’Hanlon issued an order Monday dismissing the case against Justice.

According to the dismissal order — which is effective Monday — Justice “has represented that he intends to ‘reside’ in Charleston consistent with the definition of ‘reside’ in the Supreme Court opinion.” The dismissal order does not, however, specify how frequently the governor will stay in Charleston to comply with the constitution.

Article 7, Section 1 of the West Virginia Constitution states: the governor and the five other constitutional officers “shall reside at the seat of government during their terms of office.”

Justice, a Republican, had long defended not living in Charleston and instead has — to date — kept his home in Lewisburg in Greenbrier County.

Isaac Sponaugle — an attorney from Pendleton County — brought the case against the governor in June 2018 while serving as a Democrat in the West Virginia House of Delegates.

The case made its way to the West Virginia Supreme Court of Appeals for oral arguments in October 2020. The justices mulled over whether to dismiss the case sent to them by a Kanawha County Circuit Court or let the case continue to proceed in the lower court.

A month later, the Supreme Court offered a 36-page opinion that said the lower court’s decision should stand and that the case should continue.

The state’s high court also defined “reside” — at least in this case — as “to live, primarily, at the seat of government; and requires that the executive official’s principal place of physical presence is the seat of government for the duration of his or her term of office.”

On Monday, Spoaugle applauded Justice for agreeing to abide by that definition.

By signing the order, Sponaugle said that he is satisfied with the governor complying with O’Hanlon’s decision.

“I believe in the Constitution, I believe in our rules and checks and balances in government. But those checks, and those constitutions are only effective if you try to enforce them — and that’s what I did,” Sponaugle told West Virginia Public Broadcasting by phone Monday.

Sponaugle said he believes the resolution to the case will come at the “betterment” of residents of the state.

“Sometimes, if you want things done against power, you’ve got to be able to fight for it and enforce it,” Spoaugle said, “which is what I did, and now it’s in compliance.”

According to the order, the court awarded Sponaugle $65,000 in fees and costs associated with the case.

An attorney representing Justice in the case referred requests for comment to a spokesman for the governor.

That spokesman, Jordan Damron, said Justice is “pleased” that the case has been resolved.

“The Governor will, of course, abide by the recent ruling by the West Virginia Supreme Court of Appeals, and he and Mr. Sponaugle agree that the case is now moot,” Damron said.

Sponaugle Announces Run For West Virginia Attorney General

Democratic Del. Isaac Sponaugle announced he is running for West Virginia’s attorney general in 2020.

He made the announcement Monday at the state Capitol.

“I’ve worked hard during my legislative career fighting for all West Virginians,” Sponaugle said in a news release. “I’ve sponsored and supported bills that have become law, which benefit the working people of this state. Likewise, I have fought vigorously against bills by the corrupt special interests that attack West Virginians’ healthcare, wages, property and legal rights. I look forward to fighting on behalf of all the working people of this state every day in the courtroom.”

Sponaugle also took aim at Republican Attorney General Patrick Morrisey for his ties to the pharmaceutical industry.

“Morrisey and his family have made a fortune off Big Pharma at the expense of West Virginia,” Sponaugle said. “He banked money from Big Pharma in return for settling lawsuits for pennies on the dollar.

Morrisey was first elected in 2012 and won again in 2016.

Sponaugle, an attorney from Pendleton County, was first elected to the House of Delegates in 2012. He currently serves as one of the minority party’s deputy whips.

He’ll face Beckley-based attorney Sam Petsonk in a May primary. Petsonk filed pre-candidacy paperwork in June.

Gov. Justice Argues Meaning of 'Reside' is Unclear in Residency Case

Lawyers for the governor of West Virginia have told the state Supreme Court the meaning of the word “reside” is unclear in a case regarding his residency outside of Charleston.

The Beckley Register-Herald reports Gov. Jim Justice’s lawyers argued before the court Tuesday in response to a petition filed by Democratic Del. Isaac Sponaugle. Sponaugle asked the court to order Justice to live in Charleston per the state’s Constitution, which requires the governor to “reside at the seat of government.”

Justice lives in Lewisburg. The case was dismissed on a technicality. Justice’s lawyers say the Constitution doesn’t define the word “reside.” They say that if the Legislature or voters are upset with Justice’s residency, they can “impeach him or vote him out of office.”

Medical Marijuana Bill Bypasses Committee Process in W.Va. House

A senate bill to legalize medical marijuana in the state is being fast-tracked through the West Virginia House of Delegates. Senate Bill 386, which passed out of the state Senate Wednesday night on a 28 to 6 vote, would create the West Virginia Medical Cannabis Act, legalizing medical marijuana in West Virginia.

The bill creates a 17-member commission in the West Virginia Department of Health and Human Resources to oversee the program and write rules for legislative approval. Certain illnesses like post-traumatic stress disorder, chronic pain, or seizures could constitute a doctor prescribing marijuana under the bill. Patients with a prescription would also be able to grow up to two plants for personal use. The medical cannabis program, however, wouldn’t begin until July 2018.

In an evening floor session Thursday, delegates took up the Senate message notifying the House of the passage of the bill.

Delegate Mike Folk, a Republican from Berkeley County, made a motion to have Senate Bill 386 bypass the committee process and be brought immediately to the floor on first reading.

Several delegates spoke in favor of the motion including Republican Charlotte Lane of Kanawha County, who criticized House leadership for being unwilling to run the bill.

“It has become clear to me that my bill and other bills are never going to see the light of day,” she said, “and for those of us who have sick friends who want medical marijuana to ease their suffering, this is our only chance. I don’t know about you, but I spent the afternoon listening to all of my phone messages, and these were from people saying support medical marijuana.”

Earlier in the session, Democrat Isaac Sponaugle of Pendleton County tried to amend another bill to remove marijuana from the list of Schedule I drugs in the state. Schedule I drugs are classified as illegal with no medicinal benefit and include drugs like heroin and cocaine.

Sponaugle explained his amendment had been the first step in the process to make marijuana legal to prescribe in the state, but that motion was defeated in the House, because delegates argued the proposal hadn’t been vetted in the committee process.

But Senate Bill 386, Sponaugle says, has been.

“This bill passed out of the Senate, 28 to 6. It was vetted in the Health committee over there; it was vetted in the Judiciary committee over there,” Sponaugle noted, “This body, several weeks ago, made an amendment to lower Schedule I to Schedule IV. You stuck with your leadership team, and how many of you all got beat up for voting red? You’re not going to get another vote on this if you don’t vote today; I’m just gonna tell ya. It’s going to get buried in these committees, and you’re gonna be on the board voting against medical marijuana twice.”

Del. Joe Ellington, R-Mercer, House Health Committee Chair.

Delegate Joe Ellington chairs the House Health Committee, which would have likely been the first to see the bill in the chamber. He encouraged members to trust him to get the bill on his committee’s agenda.

“I am willing to put it on the committee. I’ll run it,” Ellington said, “I don’t think the Speaker’s going to have any objection to that. I promise I’ll put it on the committee agenda, so you know, it’s up to you if you want to go through the normal process. I’ve heard members from the other side won’t try to discharge bills before talk about how important the process was to go through the committee process. You know, we can decide if we’re gonna be hypocrites or not. I’m willing to put it through the committee process, and then we can go from that.”

House Judiciary Chair John Shott of Mercer County says not giving the bill time in committee would not be doing West Virginians any favors.

“We would have this bill on Second Reading tomorrow if this motion’s passed. Second Reading. It is now almost 7:00 p.m. How long do you have to prepare your amendments for tomorrow? How long do you have to even read this bill tonight and learn what’s in it? It is a complicated issue, and we need some time to do it right,” Shott explained.

Republican Delegate Mike Folk, who made the motion to bypass the committee process, commended the Senate’s work on the legislation.

“The most important thing you need to know about the bill, to allay any fears you might have, is the effective date for that bill is not even until July 2018, most of the stuff; sets up a commission to study so to develop the rules and regulations to address any concerns that anybody might have,” Folk said, “You can feel confident that there will be a structure in place in this bill.”

After an hour of debate, Folk’s motion passed 54 to 40, and the bill was read a first time on the floor. It will be on second reading Friday, and could see a final vote as early as Saturday.

House Democrats Attempt to Evade Committee Process with Marijuana Amendment

Democrats in the House of Delegates Thursday attempted to change the scheduling classification of marijuana so it could be prescribed by doctors.

House Bill 2526 focuses on adding drugs to the state’s scheduling system, a classification of both prescription and illicit drugs. These classifications are referred to as Schedule I, II, IV, and V.

Schedule I drugs are substances seen as having no medicinal purposes and cannot be prescribed by a doctor. These are illegal substances, like heroin or cocaine.

Marijuana is currently a Schedule I substance. Democrats attempted to change that classification to allow doctors to prescribe it in West Virginia.

Democrat Isaac Sponaugle from Pendleton County, a sponsor of the amendment, argued 28 other states and the District of Columbia have legalized medical marijuana.

“The people are with this issue,” Sponaugle said, “Sixty-some percent of West Virginians are tired; they want this legislative body to act.”

A handful of Republicans spoke in favor of the amendment, but it ultimately failed 35 to 64.

So far this legislative session, two bills have been introduced in both the House and Senate to legalize medical marijuana in the state. One has bi-partisan support. Neither bills have been heard by any committees.