Justice Beth Walker Story Archives - West Virginia Public Broadcasting

Walker, Acquitted in Impeachment Trial, to Become Chief Justice in 2019

West Virginia Supreme Court Justice Beth Walker will take the helm as chief justice at the beginning of next year. Walker’s selection as the state’s next chief justice comes after she was acquitted earlier this month after an impeachment trial in the state Senate.

Current Chief Justice Margaret Workman nominated Walker to take charge of the state’s high court. The nomination was approved by other justices currently sitting on the bench, including temporarily appointed justices Tim Armstead and Evan Jenkins. Acting Justice Paul Farrell is currently sitting on the bench in place of suspended Justice Allen Loughry.

“I am honored by the trust placed in me by my fellow Justices and I thank Chief Justice Workman for her leadership in recent months. My commitment to greater transparency and accountability in the judicial branch is unwavering, and I am ready to work with the Legislature toward better oversight of the Court’s budget,” Walker said in a news release issued Monday.

Walker was censured and reprimanded for failing to provide administrative oversight of the state Supreme Court following her acquittal in an impeachment trial.

During her trial, Walker expressed remorse for her role in lavish office renovations and other spending of state funds. She vowed to give greater attention to the issue in the future.

Three other justices on the state’s high court were also impeached by the House of Delegates but have yet to stand trial in the state Senate. A ruling from an ad hoc panel of justices has effectively blocked the remaining trials, citing a violation of the separation of powers doctrine and

Walker’s one-year term as chief justice begins January 1, 2019.

According to a news release from the court, Walker earned her law degree from Ohio State University in 1990 before moving to West Virginia to join the law firm of Bowles Rice McDavid Graff & Love (now Bowles Rice) in Charleston. In 2012, she became associate general counsel for the West Virginia United Health System (also known as West Virginia University Medicine) in Morgantown.

She ran an unsuccessful bid for a seat as a justice as a Republican in 2008 but was elected in a non-partisan race in 2016.

Justice Walker Spared in Impeachment Trial, Will Remain in Office

This is a developing story and may be updated.

West Virginia Supreme Court Justice Beth Walker has been spared in her impeachment trial and will remain in office. The verdict came Tuesday after Senators deliberated for more than an hour over one article of impeachment accusing her — and three other justices on the state’s high court — of maladministration for failing to hold on another accountable in a nearly year-long scandal involving court spending.

The vote was 1-32, with Democratic Sen. Stephen Baldwin being the only vote in favor of removing Walker from office. Senators, however, approved a resolution to publicly reprimand the spared justice.

“I am looking forward to rolling up my sleeves and getting back to the very important work of the court –deciding cases fairly and impartial and according to the rule of law,” Walker said outside the Senate chambers just moments after her acquittal.

Walker, who spent nearly $131,000 on office renovations — far less than other justices — pledged to be more careful with court spending in the future.

“Ithinkthatwehavelearnedalotinthisprocess. I think, asIsaid, thereareveryimportantpoliciesthatweneedtoimplementandweknowwhattheyareandI’mgoingtodoeverythingIcantomakesure that happens,” she said.

West Virginia voters will see a constitutional amendment in November to put the judiciary branch’s budget under the purview of the legislature. State lawmakers adopted a resolution in the 2018 legislative session clearing the way for that ballot measure.

“It was uncertain until the vote,” Walker said when asked if there was any stress leading up to the Senate’s decision.

Attorneys for Walker said they were pleased with the outcome and had noted throughout the impeachment trial that Walker was apologetic for her role in court spending.

“We think that the Senate listened to the facts — that we asked them to do — that they were fair body, that they were just and we handled this the way it’s supposed to be under the Constitution,” said Walker’s defense attorney, Mike Hissam.
Senate President Mitch Carmichael (R), who voted against holding closed door deliberations before voting whether or not to remove Walker from office, said those discussions were swift.

“There was a free exchange of ideas — and it really wasn’t a discussion about evidence or anything. It was more a discussion about process, procedures and the manner in which we move forward — whether or not we do a resolution of censorship in the event that the respondent was exonerated from the charges,” Carmichael said.

Speaking about his vote to acquit Walker, Senate Majority Leader Ryan Ferns (R) said removal from office was a high bar.

“There was no evidence presented that justified the high standard of impeachment. You know, there were things that obviously were wrongdoings Justice Walker acknowledged in her testimony. Those wrongdoings, she took responsibility for those wrongdoings,” Ferns said.

Baldwin, as the lone vote to remove Walker from office, saw things differently.

“I came into this wanting to listen to the evidence and see where the evidence led and, for me, this was a judgment call. Maladministration is a judgment call that everybody here had to make as an individual — looks like I’m the only one who made the decision that this rose to the level [of removal from office],” Baldwin said.

With Walker being acquitted in her impeachment trial, West Virginia’s sole conviction and removal from public office stands with John Burdette, who was convicted in 1875 for using his office for private gain by taking money from banks that stored state funds.

Three other West Virginia justices are set to stand trial in the Court of Impeachment, with Chief Justice Margaret Workman’s trial slated next and set to begin Oct. 15.

Justice Walker’s Impeachment Trial Opens with Apology Over Spending, Testimony on Court Policies

A West Virginia Supreme Court justice standing trial in the Court of Impeachment expressed regret for her role in a nearly year-long scandal involving spending while asserting that she doesn’t feel she should be removed from office. Senators, acting as jurors, heard testimony from four witnesses in the trial of Justice Beth Walker as proceedings kicked off Monday.

Walker was named in only one adopted article of impeachment, Article XIV, which accuses the entire bench of the state’s high court of maladministration — collectively and individually — for failing to hold one another accountable and failing to provide administrative oversight.

In opening statements and through questioning, House Manager Del. John Shott focused on Walker, other justices and court employees receiving taxpayer-funded lunches, the renovations to her offices and the contracting of outside counsel to write a court opinion. He said, with that, she failed to provide oversight of the court system.

“She came into an atmosphere of entitlement, an atmosphere of cavalier indifference — and it’s also our position she was uniquely qualified to realize the absence of policies, the atmosphere of reckless spending, of lackadaisical approach to the protection of taxpayer assets,” Shott said in the opening statement for the House Board of Managers, a group of delegates who are acting as the prosecution.

Walker’s attorney, Mike Hissam of Hissam, Forman, Donovan, & Richie, opened by stating that his client has accepted responsibility for any mistakes she has made but will defend herself accordingly to charges she did not commit.

“She will own up to her conduct when she did wrong, and defend herself when, in her best judgment, she didn’t,” Hissam stated in the defense’s opening statement.

He also referred to Article XIV as a “catch all” that is “everything, and nothing.”

While adopting articles of impeachment in August, members of the House of Delegates voted down articles of impeachment that focused on spending for renovations to her office totaling approximately $131,000 and contracting out the writing of a court opinion.

During a pretrial conference in September, the House Board of Managers had agreed to publicly reprimand Walker and Chief Justice Margaret Working through a censure — in lieu of making them stand trial and risk removal from office. Senate Majority Leader Ryan Ferns called a point of order on that effort, stating they had yet to hear the evidence. Ultimately, Senate President Mitch Carmichael ruled that the agreement to censure was out of order — leaving Walker and Workman both standing trial.

Walker took the stand as the first witness in her impeachment trial — with questioning and testimony focused on her role in spending by the court. Evidence included photos of her court offices before and after renovations, invoices for those renovations and taxpayer-funded lunches.

In cross examination from Hissam, Walker said she regrets the office renovations and that she wished she had been more hands-on in overseeing the remodel.

Shott also questioned why Walker chose to reimburse the share of meals for her and her staff only after a public records request through the state’s Freedom of Information Act inquired about the meals.

“When you complete a calculation of the Court’s spending on meals brought in to the Capitol for the Justices and their staffs in 2017 and before that information is shared In response to a FOIA request, can you share that Information with us? Assuming it is permissible from a legal/accounting perspective, I will be writing the Court a personal check for 1/5 of the total,” Walker wrote in a December 20, 2017 email to court finance director Sue Racer-Troy.

Walker pointed out that she repaid one-fifth of the cost of lunches provided to justices and other court employees in 2017 — at a total of $2,019.24 — and noted she is the only justice to have done so. She also noted that she never used a state vehicle or gas card — and never requested to be reimbursed for mileage incurred in her personal vehicle for travel while on court business.

“When I think of impeachment, I think of crimes. I think of stealing, lying and corruption — and I don’t think I’ve done any of those things,” she said when Hissam asked if she feels she should be removed from office.

Members of the Senate then heard testimony from Justin Robinson, manager of the post-audit division of the Legislative Auditor’s office, Racer-Troy and state auditor J.B. McCuskey. Senators, by way of rules established for the Court of Impeachment, also submitted questions to witnesses.

Robinson spoke about legislative audits that helped bring the court scandal to light as well as the implementation of purchasing and travel policies, while Racer-Troy testified on the condition of Walker’s office in 2017 when the justice inherited the space from Justice Brent Benjamin.

“If we were to allow state employees to buy themselves lunch, the cost to the state would be astronomical,” McCuskey testified in regards to the taxpayer-funded meals. He also noted that the state Ethics Commission also has ruled on such practices.

Noting that the House Board of Managers intends to call one additional witness, the Court of Impeachment adjourned until 9 a.m Tuesday.

Walker’s impeachment trial is the first in West Virginia since 1875. Three other justices on the court — including one now-retired justice and another suspended justice facing federal criminal charges — are also set to stand trial.

The state constitution calls for two-thirds of Senators — or 23 of 34 members — to convict a public official in the Court of Impeachment and remove that person from office.

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.

West Virginia Supreme Court to Have Female Majority

West Virginia will be one of 11 states with a majority of women on their high courts starting next week.

The Charleston Gazette-Mail reports the West Virginia Supreme Court will have a female majority for the first time when Beth Walker takes the bench Jan. 1.

Walker, who will join Justices Margaret Workman and Robin Davis, was sworn into office Dec. 5. She’ll be the 77th justice and only the third woman.

Chief Justice Menis Ketchum and Justice Allen Loughry also make up the five-member court.

Walker defeated her four male opponents during the state’s first nonpartisan judicial election in May.

Other states with a female majority are Arkansas, California, Maryland, Massachusetts, Minnesota, New Mexico, New York, Tennessee, Washington and Wisconsin.

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.