Program Brings Court System To The Classroom 

Judges and attorneys heard arguments at the Woodrow Wilson High School Auditorium in Beckley. The LAWS program is meant to educate students on court systems.

The Supreme Court of Appeals of West Virginia heard arguments at a different location on Tuesday as part of a program called LAWS (Legal Advancement for West Virginia Students).

Judges and attorneys heard arguments at the Woodrow Wilson High School Auditorium in Beckley. The LAWS program is meant to educate students on court systems.

High school students studied the real cases before argument day and met with the attorneys in the cases. Judges also visited the schools to help explain the cases.

Four cases were presented as part of the project.

Wyoming East and Oak Hill students heard arguments from the State of West Virginia v. Micah A. McClain, No. 21-0873.

Shady Spring, Midland Trail, and Westside High Schools heard arguments from Harlee Beasley v. Mark A. Sorsaia, No. 21-0475.

Students from Liberty and Woodrow Wilson High Schools listened in on arguments from Joey J. Butner v. High Lawn Memorial Park Company and High Lawn Funeral Chapel, Inc., No. 21-0387.

Liberty High School students heard arguments in the case Adam Goodman and Paul Underwood v. Blake Auton, No. 21-0578.

Students from Fayette, Raleigh and Wyoming counties participated in the Beckley event.

Students across the state can watch the recorded docket on the West Virginia Judiciary YouTube channel.

West Virginia University President Responds After 2 Shootings

The president of West Virginia University released a letter Sunday emphasizing the university’s commitment to safety after two recent shootings near the Morgantown campus, one of them involving a fatality.

WVU President Gordon Gee wrote to the community that the campus of more than 26,000 students is “concerned and unnerved” but that the shootings on Friday and Saturday “remain an aberration to our life here.”

Two people were arrested in  Friday’s shooting at a student housing apartment complex and charged with first-degree murder. Neither was a student. The university identified the victim as Eric James Smith, 21, a sophomore majoring in multidisciplinary studies from Clementon, New Jersey. Smith was a former resident of the apartment complex.

Early Saturday, two men were arrested in an apartment shooting that left one person injured. Morgantown police said the victim and another person had been invited to the apartment for a marijuana purchase that turned into a robbery attempt.

“I realize it may feel that West Virginia University is no longer a safe campus,” Gee said. “I want to reassure everyone that our University has a commitment each and every day to keep our campus as safe as possible.”

Gee said the university will look into additional measures that can be taken to prevent such events from happening again.

“The sad fact is our part of the world is also beset with all the ill — and good — of society at large,” Gee said. “We cannot stop bad things from happening — but we can work to prevent them and be prepared for when they do.”

Gee said he cares about WVU students as if they were his own children, and “I pledge to all Mountaineers, both current and future, that we will redouble our efforts to ensure our campus is the safest it can possibly be.”

Bishop Shakeup: West Virginia Catholic Diocese Issues Audit

The net assets of West Virginia’s Roman Catholic Diocese dropped by $4.8 million during a fiscal year that coincided with the resignation of its bishop amid allegations of sexual and financial misconduct, an audit shows.

The Diocese of Wheeling-Charleston released the audit last week spanning the period from June 30, 2018, to June 30, 2019. Net assets totaled $352.3 million, down from $357 million a year earlier, according to the findings made public by current Bishop Mark E. Brennan. Liabilities totaled $70.3 million, up from $65.2 million.

Brennan’s predecessor, Bishop Michael Bransfield, resigned in September 2018 and has denied wrongdoing.

A church investigation last year found Bransfield misused diocese funds for lavish spending on dining out, liquor, vacations, luxury items and church-funded personal gifts to fellow bishops and cardinals in the U.S. and the Vatican.

The investigation also found sexual misconduct allegations against Bransfield to be credible.

Brennan said the diocese incurred significant expenses arising from the investigation of Bransfield and “various legal issues” involving the diocese. The audit listed spending on investigations and lawsuits at $1.5 million.

The diocese announced in August it had confidentially settled a lawsuit filed by a former personal altar server accusing Bransfield of molesting boys and men. The filing asserted Bransfield would consume at least half a bottle of liqueur nightly and had drunkenly assaulted or harassed seminarians.

West Virginia Attorney General Patrick Morrisey accused the diocese and Bransfield in a lawsuit of knowingly employing pedophiles and failing to conduct adequate background checks on camp and school workers. A circuit judge dismissed the suit until the state Supreme Court decides whether it violates rules about the separation of church and state.

In November, Brennan released a plan that was presented to Bransfield at the request of Pope Francis. It seeks to have Bransfield pay the church $792,638 in financial restitution and apologize to those he was accused of sexually harassing and intimidating. The money would be placed in a fund to pay for counseling victims of sexual abuse, Brennan said.

Brennan said Bransfield has consistently declined to come up with his own plan for making amends.

Brennan, who was named West Virginia’s bishop in July, said it’s the first time in diocese’s history that such a financial report has been released.

Last fiscal year the diocese reported $25.3 million in investment income and royalties from mineral rights. The diocese receives oil profits from land in Texas donated to it more than a century ago.

Overall, financial support to parishes, schools, pastoral centers and vocational and other programs, along with health and property insurance, “results in the Diocese running deficits each year as expenditures surpass ordinary income by several millions of dollars,” Brennan said in a letter accompanying the audit.

Brennan said the deficits are offset by “selling off investments, which, if this pattern continues unchecked, will eventually eliminate any benefit to future West Virginia Catholics from the legacy which the mineral rights have provided.”

The Roman Catholic Diocese of Harrisburg, Pennsylvania, filed for federal bankruptcy last week, six months after disclosing it had paid millions of dollars to people sexually abused as children by its clerics. The diocese joined at least 20 others across the United States in seeking protection from creditors.

Virginia Emerges As South's Progressive Leader Under Dems

In a state once synonymous with the Old South, Democrats are using their newfound legislative control to refashion Virginia as the region’s progressive leader on racial, social and economic issues. Lawmakers are on the verge of passing the South’s strictest gun laws, broadest LGBTQ protections, highest minimum wage and some of its loosest abortion restrictions, churning through landmark legislation on a near-daily basis.

The leap to the left has sparked fierce pushback from rural Virginians, social conservatives and others who are chafing under the political shift in the state, where a holiday honors Confederate generals Robert E. Lee and Stonewall Jackson and monuments to those men dot the landscape.

“It’s like a jewelry store smash and grab,” Republican Sen. Bill Stanley said of Democrats’ strategy. “They’re going to grab everything they possibly can while they can get it before the lights go on and the siren goes off.”

It’s a breathtaking change after years of legislative inertia. Virginia has been a political outlier among southern states for a while, routinely electing Democrats to statewide office. But Republicans held a firm grip on the legislature until President Donald Trump’s election in 2016, which mobilized disaffected suburban voters and boosted Democrats in two successive legislative elections. They have full control of the General Assembly this year for the first time in two decades.

“It’s nice to finally be able to do what I think the majority of Virginians have wanted for a long time,” Democratic Del. Mark Levine said.

Lawmakers in the House and Senate have voted to end a state holiday honoring Lee and Jackson and instead are making Election Day an official holiday. They spent Tuesday — the deadline for each chamber to pass its own version of legislation — passing dozens of other bills, including a measure to incrementally raise the minimum wage to $15 an hour and legislation to allow local governments to remove Confederate statues. That bill comes in the wake of a 2017 white supremacist rally in Charlottesville, sparked in part by the city’s attempt to remove a Lee statue, that turned violent.

Lawmakers also have advanced this year:

— a renewable energy measure that will likely raise electric rates but, environmentalists say, make the state among the greenest in the country

— comprehensive anti-discrimination legislation

— bills that abortion-rights advocates say will make Virginia a “safe haven” for women in neighboring conservative states

— resolutions to make Virginia the critical 38th state to ratify the Equal Rights Amendment, a major victory for women’s-rights advocates

— a repeal of a provision requiring voters to show ID before casting a ballot.

The legislature, led by the first female House speaker and with the highest number of African-Americans in leadership positions in the state’s 400-year history, is set to give final passage to most pieces of landmark legislation ahead of the March 7 adjournment.

The highest-profile fight has been on Democrats’ push for stricter gun laws, including universal background checks and a ban on selling assault weapons, after last year’s fatal shooting at a government complex in Virginia Beach. Many Democrats campaigned on the issue in 2019, and gun-control groups heavily funded candidates.

Democratic Gov. Ralph Northam’s gun-control measures passed the House, but the more-conservative Senate has blocked some of the measures, including the assault-weapons ban.

Despite a largely conservative history, Democrats have had a large footprint in Virginia for years. It was the only state in the South to pick Hillary Clinton in 2016, and Democrats have made sizable gains in other legislative elections. The most recent blue shift has been fueled in large part by the state’s growing suburbs, particularly in Northern Virginia, where voters are more likely to be immigrants, college-educated, and liberal.

“The Northeast megalopolis has sort of migrated down to Virginia,” said William Frey, a demographer at the Brookings Institution.

He said Virginia is at the “vanguard” of demographic trends playing out in other Southern states such as North Carolina and Georgia, which almost elected the country’s first black female governor in 2018.

But Republican leaders say Democrats are stretching beyond what mainstream Virginia voters support.

“The policies being enacted right now are going to be a rude awakening to the majority of Virginians, even people who voted for Democrats last year, as they continue to have to dip into their pockets more and more to pay for this agenda,” House Republican Leader Todd Gilbert said.

Conservative opposition to many of the changes in Virginia, particularly on gun measures, has reached past the state’s borders. Thousands of guns-rights activists from around the country flooded the Capitol and surrounding area in protest last month, some donning tactical gear and military rifles. In West Virginia, Gov. Jim Justice and Liberty University President Jerry Falwell Jr. have encouraged Virginia counties unhappy with the state’s new direction, particularly on gun laws, to leave the state.

Business groups also added their voice to the opposition, with alarm over labor-friendly measures Democrats passed. Only a handful of liberal states, including California, New York and Maryland, have passed laws that will eventually set a $15-an-hour minimum wage.

“It’s not good company to be in, at all,” said Brett Vassey, president of the Virginia Manufacturers Association.

Yet progressive Democrats say the chamber hasn’t done enough on several issues. Lawmakers have rejected a bid to repeal the state’s right-to-work law that bars mandatory union membership as well as a number of criminal justice reform bills, including measures to end solitary confinement, reinstate parole, and make it easier to expunge criminal records for misdemeanor and nonviolent felony convictions.

“Some people are going to go home and and brag about how much was accomplished, and some people are going to go home and say, look what was left on the table and we have to fight for more,” said Del. Lee Carter, a democratic socialist. “I’m in the latter camp.”

W.Va. Community Passes Resolution Supporting Gun Rights

A West Virginia community has passed a resolution declaring itself a “Second Amendment sanctuary.”

The Fort Gay town council passed the resolution Friday night, news outlets reported. Supporters say it is a defense against possible federal or state legislation that could limit access to firearms, ammunition or gun accessories.

Mayor Joetta Hatfield said Fort Gay is the first municipality in West Virginia to adopt such a resolution. She said the move was in response to recent events in Virginia, where the new Democratic majority leadership plans to enact a slew of gun restrictions.

Fort Gay is located in Wayne County along the West Virginia-Kentucky border.

Last week the Putnam County Commission passed a similar resolution.

W.Va. Firefighter Killed In Crash While Responding To Fire

A West Virginia firefighter was killed when a volunteer fire department’s truck crashed while responding to an emergency call, authorities said.

Mark Horwich died Saturday when the fire truck went off a narrow road en route to a structure fire in Roane County, the city of Spencer said on Facebook.

The accident happened near the community of Newton. WSAZ-TV reported the force of the crash crushed the cab of the fire truck.

Horwich was a member of the Clover Volunteer Fire Department. Gov. Jim Justice said on Twitter.

It wasn’t known whether other firefighters were on the truck or if anyone else was injured.

“Our volunteer firefighters are some of the most incredible (West Virginians) we have, because they run toward danger to protect us — out of the goodness of their hearts,” Justice said.

Justice said he and his wife, Cathy, “send our deepest condolences to his family and the entire community.”

Horwich also was the co-owner of a business that developed recordkeeping software for fire departments.

On the Facebook page of Fire Station Software LLC, Horwich’s wife, Sarah Ferrell Horwich, said her husband died at the scene of the accident.

“Our family, his children, and his fire family and friends request your prayers at this time,” she said. “Mark Horwich was a dedicated man who loved his family dearly, loved the fire service, and he loved this business which he started from scratch and grew to what it is today. Many of our clients have become friends.”

The Roane County Sheriff’s Office is investigating the accident, which closed the road for several hours.

“His family, his fire department, and our community is devastated by this sudden tragedy,” said the statement from the city of Spencer. “We are so grateful for our service personnel of all departments and are deeply moved by the loss of fireman Horwich in the line of duty. We acknowledge the danger you put yourselves in when the call for help goes out and appreciate your sacrifice. Again, our sincere condolences and sympathies.”

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