Ex-West Virginia Justice Gets Probation in Corruption Probe

A former West Virginia Supreme Court justice was sentenced to three years’ probation Wednesday for using a state vehicle and gas fuel card for a golf trip to Virginia.

Menis Ketchum’s sentencing in federal court came at the end of a yearlong impeachment and corruption scandal involving the Supreme Court that resulted in significant changes to the state’s judicial system, including the five-member court’s makeup.

The 76-year-old Ketchum, who pleaded guilty last year to a felony fraud count, also was fined $20,000 and ordered to pay $749 in restitution.

“I’m just plain guilty,” Ketchum told U.S. District Judge John T. Copenhaver Jr. just prior to sentencing. “And I’m sorry, but sorry’s no excuse.”

The judge said he took into account Ketchum’s age, his lack of prior criminal behavior and that he accepted responsibility for his actions — unlike former Justice Allen Loughry, who was sentenced last month to two years in federal prison in the same corruption probe.

Copenhaver also cited numerous letters written on Ketchum’s behalf, including by former Marshall University interim President Mike Farrell.

Copenhaver suggested that Ketchum use his freedom to his benefit by possibly seeking work as a paralegal. The state Supreme Court stripped Ketchum of his law license in October.

“It borders on the unfathomable that you would risk so much for so little,” Copenhaver told Ketchum, later adding, “The court recognizes your sincere regret for your conduct. This is a single blemish on a distinguished career.”

The charge was related to a 400-mile trip in 2014 where Ketchum used a state-owned car to drive from his home in Huntington to a private golf club near Bristol, Virginia, and used a state credit card to refuel. Court documents show Ketchum traveled to the club from 2011 through 2014.

U.S. Attorney Mike Stuart said he accepted the judge’s sentence.

“What can’t be lost here is he pleaded guilty to a felony,” Stuart said. “Public corruption of any type, of any sort, at any level is a serious infraction to the people of West Virginia.”

Impeachment

Ketchum retired in July before the House of Delegates impeached other Supreme Court justices over questions involving lavish office renovations that evolved into accusations of corruption, incompetence and neglect of duty. Some of the justices were accused of abusing their authority by failing to rein in excessive spending.

A temporary panel of justices later ruled the impeachment efforts violated the separation-of-powers doctrine and that the Legislature lacked jurisdiction to pursue the trials. The process was officially derailed when the presiding judge didn’t show up to one of the justice’s impeachment trials in the state Senate because of the decision.

The House is seeking a U.S. Supreme Court review in order to correct what it called legal errors in the decision. The state constitution gives the Legislature the sole power of impeachment. House Speaker Roger Hanshaw has said the earlier opinion “removes virtually all of the constitutional checks and balances we have on the judicial branch of government.”

Loughry was sentenced last month for using his job for his own benefit and lying to investigators. Loughry repeatedly denied benefiting personally from trips he took when he became a justice in 2013.

Loughry was suspended from the bench in June and resigned in November.

State lawmakers and others have said public trust in the state’s court system was broken by the actions of Loughry and others. Voters in November approved a ballot measure allowing the GOP-led Legislature to decide each year whether to reduce the courts’ budget.

Judicial elections in West Virginia became nonpartisan in 2016, but the court’s impeachment scandal stirred political attacks. Some Democrats argued the court’s shake-up was a power grab by Republicans.

Justice Robin Davis retired after the impeachment charges were announced. Two Republican former lawmakers were appointed in the place of Ketchum and Davis and later won election to complete their terms. Republican Gov. Jim Justice appointed a lifelong friend to replace Loughry until a 2020 special election.

Former Justice Ketchum Agrees to Guilty Plea, Cooperates with Federal Prosecutors

Updated: Tuesday, July 31, 2018 at 1:14 p.m.

A former West Virginia Supreme Court Justice has agreed to plead guilty to charges of fraud and is cooperating with prosecutors. The plea agreement comes as the high court’s bench is under scrutiny for the private use of state resources.

A federal information released Tuesday says former Justice Menis Ketchum defrauded taxpayers by using state-owned vehicle for a personal golf outing in Virginia. During trips from 2011 to 2014, he charged gas to a state credit card.

The information carries a penalty of up to 20 years imprisonment, a $250,000 fine and a term of supervised release of up to 3 years, according to the U.S. Attorney’s office. 

By agreeing to a guilty plea, Ketchum has forgone the indictment process and has agreed to work with federal prosecutors. A plea hearing will be scheduled for a later date.

“Justice Ketchum did the right thing for doing the wrong thing.  Justice Ketchum has stepped up and ‘owned’ his illegal activity,”  U.S. Attorney Mike Stuart said at a Tuesday morning news conference announcing the charge and plea agreement.

Ketchum had been authorized by the court to use the vehicle to commute from his Huntington home to the capitol in Charleston. He announced his retirement earlier this month, which was effective Friday, July 27.

Justice Allen Loughry has been indicted for a similar role in the misuse of state resources for private gain. He pleaded not guilty last month to 23 counts of fraud, witness tampering, making false statements and obstruction. Loughry is currently suspended without pay.

The entire bench of West Virginia’s high court is under investigation for possible impeachment. In terms of federal charges, the U.S. Attorney’s office has indicated additional indictments are possible.

One Day Before Impeachment Meetings, Justice Ketchum Resigns

Updated: July 11, 2018 at 4:44 p.m.

Just one day ahead of scheduled meetings on potential impeachment of one or more West Virginia Supreme Court justices, Justice Menis Ketchum has resigned.

Gov. Jim Justice said he received a resignation letter Wednesday from Ketchum indicating that he would be retiring from the state’s highest court. Ketchum was elected in 2008 —  as a Democrat — to a 12-year seat on the bench. In 2015, state law was changed to make the election of West Virginia Supreme Court justices non-partisan.

“I have decided to retire and relinquish my office as a Justice of the West Virginia Supreme Court of Appeals. My retirement is effective at the close of the business day on Friday, July 27,” Justice Ketchum wrote in a two‐sentence, handwritten letter that was faxed to Gov. Justice.

Gov. Justice said in a written statement issued Wednesday that he has directed his general counsel Brian Abraham to provide the necessary documentation to the Judicial Vacancy Commission and other state agencies to fill the vacancy being left on the bench.

In a news release from the West Virginia Supreme Court of Appeals, other sitting justices spoke highly of Ketchum and his work on the state’s high court. 

“Justice Ketchum has brought a great work ethic and strong intellect to his work on the Court, as well as fairness and compassion for people whose cases we hear. He will be missed both personally and professionally,” Chief Justice Margaret Workman said.

“I will miss Justice Ketchum’s wit, insight, and diligence,” Justice Robin Davis said. “He worked long hours serving this Court and this state and did so with a true desire to serve the public. It is unfortunate.”

“I am grateful to have had the opportunity to work with Justice Ketchum, who always took the time to mentor me as a new Justice,” Justice Beth Walker said. “He set a great example with his commitment to fairness and the rule of law. I will miss him.”

The release also states that Ketchum would not provide futher comment. A statement from Justice Allen Loughry was not included. Loughry is currently suspended without pay — following a statement of charges from the state’s Judicial Investigations Commission. 

Ketchum’s resignation comes as the House Judiciary Committee is scheduled to continue its investigation Thursday on the potential impeachments of one or more Supreme Court justices. Much of that focus has centered around Loughry.

Loughry has been indicted on federal charges, 22 counts that include fraud, witness tampering and making false statements. The charges stem from the misuse of state resources, including vehicles, computers and furniture. He pleaded not guilty last month to the federal charges.

Ketchum also found himself under scrutiny for the private use of a state vehicle.  An audit showed he failed to report the use of the vehicle on personal income taxes. Ketchum, though, did repay the state more than $1,500 for incorrect travel expenses.

 

Gov. Justice will appoint a temporary replacement for Ketchum. However, with Ketchum’s seat on the bench becoming vacant more than 84 days before the November election, a special election will take place — per state code — for another justice to finish out his term through 2020.

 

W.Va. Chief Justice Published Pattern Jury Instructions

West Virginia Supreme Court Chief Justice Menis Ketchum has published pattern jury instructions for use in civil cases in the state’s courts.

The Herald-Dispatch reports the Supreme Court of Appeals of West Virginia made the announcement Wednesday.

After five years of research, Ketchum says he believes the uniformed set of instructions will help civil trials run more efficiently, and put less of a workload on courts.

Ketchum says the instructions would be more understandable to jurors, judges and lawyers.

Webster County Circuit Judge Jack Alsop supervised the project and says he believes it would be a great benefit and assistance to juries.

Over 20 lawyers and judges from around the state had a hand in creating the instructions which cover 15 topics and could be expanded in the future.

Ketchum to Serve as West Virginia Chief Justice in 2016

Menis Ketchum will serve as the chief justice on West Virginia’s highest court in 2016.

The West Virginia Supreme Court announced Ketchum’s selection on Monday in a news release. The position of chief justice is determined annually by a vote of the court.

Ketchum previously served as chief justice in 2012. He was elected to a 12-year term on the court in 2008.

 

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