Tag: Justice Allen Loughry

Day 2 of Supreme Court Impeachment Hearing: Justice Loughry, Criticism of Proceedings

For more information on the potential Supreme Court impeachments, see this explainer.

The House Judiciary Committee continued its meetings Friday on the possible impeachment of one or more West Virginia Supreme Court justices. The second day of testimony focused heavily on suspended Justice Allen Loughry and his private use of state resources. The justices also delivered a letter to the committee critizing the impeachment proceedings.

Testimony kicked off in the morning with Scott Harvey, who worked for the Supreme Court’s IT department. Harvey told members he felt pressured at times to install equipment at Justice Loughry’s home — where the justice had multiple state-owned computers.

 

According to a statement of charges from the Judicial Investigations Commission, at least one computer was used extensively for private use, including for storage of family photographs and video games.

 

In the afternoon, committee members continued discussions of Loughry’s possession of a historic Cass Gilbert desk. They heard testimony from Fletcher Adkins, a former assistant to the court’s former administrator.

 

In a letter to Chairman John Shott dated Friday, interim director of the state Supreme Court Barbara Allen challenged the scope of the committee’s requests for evidence and called it a “fishing expedition.”

 

Allen said the Supreme Court has been cooperative during the various investigations of the justices, but she argued the resolution to investigate possible impeachments infringes upon the separation of powers between government branches.

 

Delegates on the committee will resume meetings Thursday.

 

Gov. Justice Issues Special Session Call on Possible Supreme Court Impeachments

This is a developing story and will be updated.

Gov. Jim Justice has issued a special session call for the West Virginia Legislature to consider matters related to the removal of one or more Justices of the state’s Supreme Court of Appeals. The special session will begin Tuesday at noon.

Gov. Justice’s proclamation came Monday after Senate President Mitch Carmichael and House Speaker Pro Tempore John Overington sent a formal letter requesting the call.

House Speaker Tim Armstead had previously expressed interest in running for a seat on the Supreme Court bench in 2020 and, therefore, has asked to be excused from participating in matters related to the impeachment proceedings of Supreme Court Justices.

“I have not decided whether I will seek such a position regardless of whether such position would be up for election in 2020 or would become open at an earlier time. However, the process followed by the Legislature in relation to any impeachment process must be free from even the appearance of any conflict,” Armstead said in a written statement Monday.

“Therefore, while I do not believe there is an actual conflict, I have decided that the decisions as to whether to ask the Governor to call the Legislature into Special Session and the initial disposition of any resolution relative to impeachment of any Justice of the Supreme Court of Appeals should be made by the Speaker Pro Tempore, Delegate John Overington.”

 

On Friday, Armstead — along with Carmichael — asked the Legislature’s Joint Committee on the Judiciary to meet to begin the process of reviewing the possibility of impeachment proceedings. That committee met Monday and — during a recess — Carmichael and Overington’s request for a special session was issued.

Gov. Justice’s special session call doesn’t specify the Supreme Court Justices who will be considered for impeachment, although Justice Allen Loughry is expected to be one of them.

Loughry has been indicted on 22 counts of federal charges, including fraud, witness tampering and making false statements.  He was also served with a statement of 32 charges by the state court system’s Judicial Investigations Commission.

Following the JIC issuing its statement of charges, Loughry was suspended without pay.

The charges in both matters stem from reports in news media related to lavish spending for renovations to the Supreme Court offices as well as other improper use of state resources — including furniture, computers and vehicles — for personal reasons.

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.

Justice Loughry Suspended, Legislative Leaders Call for His Resignation

Updated: June 8, 2018 at 5:10 p.m.

 

Legislative leaders are calling for the resignation of West Virginia Supreme Court Justice Allen Loughry after he was suspended without pay. Loughry’s suspension and calls for his resignation came Friday as a result of an order stating the court believes he has engaged in violations of the state’s Code of Judicial Conduct. Friday’s activity follows a 32-page statement of charges issued Wednesday by the Judical Investigations Commission.

As part of his suspension, Loughry is prohibited from hearing cases brought to the state’s high court as well as performing any other judicial function. The Judicial Disciplinary Counsel also asked the court to suspend Loughly’s state law license during the judicial disciplinary proceedings. However, the Supreme Court has deferred action on the suspension of Loughry’s law license pending those proceedings.

In the statement of charges filed Wednesday, June 6, the Judicial Investigations Commission found Loughry 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.

“Having maturely considered the motion pursuant to Rule 2.14(c) of the Rules of Judicial Disciplinary Procedure, the Court is of the opinion that there is probable cause to believe the respondent has engaged or is currently engaging in serious violations of the Code of Judicial Conduct,” reads Friday’s court order suspending Loughry.

The other four state Supreme Court justices were rescued from the matters involving Loughry. Acting Chief Justice Judge Joanna I. Tabit and four other appointed judges will preside over the case.

 

Loughry has 30 days to request a hearing on his suspension.

 

Also on Friday, Democratic minority leaders of the Legislature called on Republicans Gov. Jim Justice, Senate President Mitch Carmichael and House Speaker Tim Armstead to bring impeachment proceedings against Loughry should he not resign. 

 

“This corruption and continued disruption to our judicial process must come to an end,” read a letter, which was signed by minority leaders Sen. Roman Prezioso and Del. Tim Miley.

 

“The Legislature as an institution must act immediately to show the people of our great state that checks and balances do exist in our form of government. We as elected officials must take this corruption and our duties seriously. Our citizens deserve to be protected against corruption and the Legislature must stand strong against Justice Loughry’s abuse of power,” they added.

 

Following the letter from Prezioso and Miley, Republican legislative leaders also called on Loughry to resign from the court.

 

“Given the serious accusations detailed in the Judicial Investigation Commission’s complaint – particularly the charge that he did not answer questions truthfully while under oath to this Legislature – I believe the time has come for Justice Loughry to put the best interests of our state first and resign,” Speaker Armstead said in a written statement Friday.

“This situation has cast a pall over our state’s highest court and undermined the public’s confidence in our judicial system. It’s time to begin repairing that damage,” he added.

Senate President Mitch Carmichael echoed Armstead in a statement also released Friday afternoon.

“In light of both reports from the Legislative Auditor’s Post Audit Division and the statement of charges from the Judicial Investigation Commission, it is time for Justice Loughry to do the right and honorable thing and resign,” said Carmichel.

“Our citizens must have faith in their judicial system, and this situation is untenable. To repair the public’s trust, there must be a fundamental change and that starts with Justice Loughry stepping down and allowing the Court to move forward without him.”

Attempts to reach Loughry for comment were unsuccessful. 

 

W.Va. Justice Loughry Charged by Judicial Investigations Commission for Lying, Other Misconduct

This is a developing story and will be updated.

 

A West Virginia Supreme Court Justice is accused of violating the state Code of Judicial Conduct. The Judicial Investigation Commission filed a statement of 32 charges Wednesday against Justice Allen Loughry, as well as a motion for his immediate suspension without pay.

The statement of charges says Loughry violated the state judicial code of conduct when he “made false statements with the deliberate attempt to deceive, engaged in sophism and gave disinformation with the intent to harm another person.” 

The charges stem, in part, from high-dollar spending of the court, Loughry’s one-time possession of court property at his private home and improper personal use of a state vehicle.

In a 34-page document provided by the West Virginia Supreme Court of Appeals, the Judicial Investigation Commission says Loughry lied to WCHS-TV reporter Kennie Bass when Bass questioned Loughry about his knowledge and involvement of renovations to Supreme Court offices that took place in 2013.

 

Those renovations totaled approximately $363,000 and included a $32,000 sectional sofa and $7,500 for “a custom-made wooden medallion of the State of West Virginia built into the floor with each county cut from a different colored piece of wood and his home county of Tucker in blue granite,” according to the document.

 

While Loughry contended in an interview with Bass that he had “very little” input in the renovations, the Judicial Investigations Commission says Loughry had knowledge and was aware of the costs. 

 

“A multitude of State Supreme Court records demonstrate that [Loughry] was heavily involved in the design and renovation of his office. For example, [Loughry] submitted a rough hand drawing with detailed notes done by him depicting how he would like his office to look upon completion,” according to the charge statement.

The Judicial Investigation Commission said Loughry lied to other media outlets regarding the matter, as well as the House of Delegates Finance Committee during a budget presentation during the 2018 legislative session.

The charges also say that Loughry kept secret from the other justices that, in early December 2017, a federal subpoena was served on the state Supreme Court. Additionally, Loughry is charged with improperly using a state vehicle for personal use, which was detailed in an audit released last month.

 

A spokesperson for the court said they did not have a statement on the charges filed against Loughry. Attempts Wednesday to reach Loughry for comment at home and in his office were unsuccessful.

 

Loughry was named chief justice at the beginning of 2017. Following months of questions surrounding Loughry’s involvement in the high-dollar spending by the court, justices voted in February to remove him as chief in favor of Margaret Workman.

Before being elected to the state Supreme Court in 2012, Loughry authored the book “Don’t Buy Another Vote, I Won’t Pay for a Landslide”, which details the history of political corruption in West Virginia.

 

Walker Creates Female Majority on W.Va. Supreme Court

West Virginia’s newest elected member of the state Supreme Court has taken her oath of office and is now officially ready to assume the bench in January. 

Current Justice Allen Loughry administered the oath of office to Justice-elect Beth Walker in the Supreme Court chamber on the Capitol grounds. 

Walker was elected to the position in May, but won’t officially take the bench until January.

Walker is a native of Ohio who moved to West Virginia to begin her law career shortly after graduating from law school at Ohio State University in 1990. She most recently served as Associate General Counsel for the West Virginia University Health Systems.

After taking the oath, Walker joked that there is no orientation for new justices to the court, but that Justice Loughry and other members of the court were serving as mentors to prepare her for her term.

“It’s a big responsibility. I mean, the voters of West Virginia have put a lot of trust in me and I just want to do the very best job that I can.”

Walker’s election makes her the third female member of the state’s highest court. With just five members, it will be the first time the court has had a female majority in its history.

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