Sentencing Set for Ex-W.Va. Supreme Court Justice

A former West Virginia Supreme Court justice is due in court for sentencing for using a state vehicle and gas fuel card for a golf trip to Virginia.

Ex-Justice Menis Ketchum’s sentencing is scheduled for Wednesday, March 6, in federal court in Charleston.

The sentencing comes 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 pleaded guilty last year to a felony fraud count. His attorney is seeking probation.

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, using a state credit card to refuel. Court documents show Ketchum traveled to the club from 2011 through 2014.

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.”

Another former justice at the center of the scandal, Allen Loughry, was sentenced last month to two years in federal prison for using his job for his own benefit and lying to investigators. 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.

Ex-West Virginia Justice Loses License to Practice Law

The West Virginia Supreme Court justice who resigned before his colleagues were impeached can no longer practice law in the state.

The Charleston Gazette-Mail reported Wednesday the state Supreme Court formally annulled Menis Ketchum’s license to practice law in an Oct. 4 order.

Ketchum pleaded guilty in August to one felony count of wire fraud related to his personal use of a state vehicle and gas fuel card. He’ll be sentenced in December.

The 75-year-old retired in July, which meant he wasn’t subject to impeachment proceedings.

The impeachment probe was sparked by questions involving more than $3 million in renovations to justices’ offices and expanded to accusations of corruption, incompetence and neglect of duty.

The timing of his resignation also means voters will choose his replacement, instead of the governor.

Who’s Vying for a Seat on the W.Va. Supreme Court?

This is a developing list. Please check back for more details.

Last updated on Aug. 21, 2018 at 2:46 p.m.

Two West Virginia Supreme Court seats will appear on the midterm election ballot later this fall.

West Virginians have until midnight on Aug. 21 to file for either seat. Voters will decide on Nov. 6 who fills those seats.

Here are the names of those in the running so far, according to the West Virginia Secretary of State’s office:

  • Tim Armstead (Division 1) — Elkview — Filed Aug. 21
  • Robert J. Frank (Division 2) — LewisburgFiled Aug. 21
  • Jim O’Brien (Division 2) — Wheeling – Filed Aug. 21
  • Jim Douglas (Division 2) — Charleston — Filed Aug. 20
  • Ronald H. Hatfield, Jr. (Division 1) — Huntington– Filed Aug. 20
  • D.C. Offutt, Jr. (Division 1) — Barboursville — Filed Aug. 20
  • Chris Wilkes (Division 1) — Martinsburg — Filed Aug. 20
  • Evan Jenkins (Division 2) — Huntington — Filed Aug. 17
  • William Schwartz (Division 2) — Charleston — Filed Aug. 17
  • Robert H. Carlton (Division 1) — Williamson — Filed Aug. 16
  • Dennise Renee Smith (Division 2) — Charleston — Filed Aug. 16
  • William Stewart Thompson (Division 2) — Madison — Filed Aug. 15
  • Harry C. “Bo” Bruner, Jr. (Division 1) — Charleston — Filed Aug. 14
  • Marty Sheehan (Divsion 1) — Wheeling — Filed Aug. 13
  • Brenden D. Long (Division 1) — Hurricane — Filed Aug. 10
  • Carl E. Hostler (Division 1) — Scott Depot – Filed Aug. 6
  • Joanna I. Tabit (Division 1) — Charleston — Filed Aug. 6

Justices Menis Ketchum and Robin Davis announced their retirements amid impeachment proceedings at the statehouse.
Ketchum announced his retirement in July, just a day before impeachment proceedings began. He had two years remaining in his term.

Davis announced her retirement hours after state lawmakers announced her impeachment, as well as the impeachment of the other three remaining justices. Davis had six years remaining in her term.

According to a news release from Secretary of State Mac Warner, Ketchum’s position will be identified as “Division 1” on the General Election’s non-partisan ballot, and Davis’ position will be identified as “Division 2.”

Filing Opens Next Month for West Virginia Supreme Court Seat

Candidates interested in seeking an unexpired term on the West Virginia Supreme Court can file next month for a special election.

Secretary of State Mac Warner says the filing dates for the seat of former Justice Menis Ketchum will run from Aug. 6 through Aug. 21. The special election will be held concurrently with the Nov. 6 general election.

Candidates must be at least 30 years old, residents of West Virginia for at least five years and admitted to practice law for at least 10 years.

Warner’s office says in a news release that interested candidates who already are on a partisan ballot for elected office should consult the Judicial Investigation Commission.

Ketchum announced his retirement earlier this month. He had two years remaining in his term.

Audit Targets Two West Virginia Supreme Court Justices

An audit of the West Virginia Supreme Court has found two justices may have violated state Ethics Act provisions that prohibit using public office for private gain.

Legislative Post Audit Division director Denny Rhodes released a 60-page report to a legislative committee Monday that found justices Allen Loughry and Menis Ketchum ignored mandatory reporting guidelines for the use of state-owned vehicles. It also questioned Loughry’s personal use of rental vehicles at state expense during out-of-state trips.

The report also says Loughry had a state-owned antique desk appraised at $42,000 brought to his home in 2013. Loughry returned the desk after media inquiries.

Rhodes says the findings have been reported to the West Virginia Ethics Commission.

W.Va. High Court to Reconsider Jail Rape Case

  

The West Virginia Supreme Court is reconsidering its ruling over a lawsuit alleging a male correctional officer repeatedly raped a female inmate.

The court on Tuesday decided it will modify a ruling that the West Virginia Regional Jail and Correctional Authority can’t be held liable.

After reviewing new information, the court wrote it will issue a modified opinion without further oral arguments. Advocates for social justice, civil liberties and other groups provided new comments.

Justices Menis Ketchum and Allen Loughry dissented.

In her lawsuit, the woman alleged the officer raped her 17 times while incarcerated at the Southern Regional Jail in 2009.

In March, the court ruled the authority has immunity because the woman didn’t provide evidence that the officer’s alleged actions occurred within the scope of his employment.

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