Supreme Court of Appeals of West Virginia Story Archives - Page 5 of 8

Walker Named Chief Justice For 2023

Justice Beth Walker will be Chief Justice of the Supreme Court of Appeals of West Virginia beginning Jan. 1, 2023.

The Supreme Court has also designated Justice Tim Armstead to serve as chief justice in 2024. Armstead will serve as acting chief justice in 2023 whenever Walker is unable to participate in a case.

Walker was also chief justice in 2019. She was elected to the Supreme Court in 2016 and took office January 1, 2017.

“We focused on rebuilding public confidence in the judiciary during my first tenure as chief justice,” Walker said. “Since then, all five members of the court have continued to work together as a team and navigated several challenges including Covid and the increasing number of children who our courts are called upon to protect in abuse and neglect cases. I will be honored to continue the great work of my colleagues who have served in the chief justice role since 2019.

Armstead offered praise for outgoing Chief Justice John A. Hutchison. Hutchison was appointed to the court in December 2018 and then elected in a special election to a term that ends December 31, 2024.

“Chief Justice Hutchison has done a tremendous job leading our courts in 2022. Through his leadership, the judiciary completed the historic implementation of the Intermediate Court of Appeals in a manner that utilizes technology to make the court system more accessible to the citizens of our state,” Armstead said. “I look forward to working with Chief Justice Walker and our fellow justices to build on the outstanding accomplishments made by Chief Justice Hutchison this past year.”

Hutchison said serving on the state Supreme Court continues to be an honor.

“I have been honored to serve as Chief Justice in 2022,” he said. “I look forward to working with all the members of the court in the years to come.”

Amendment 1: The Power To Impeach

Amendment 1 relates to the checks and balances of the legislative and judicial branches of state government. It’s meant to clarify that the judicial branch has no authority to interfere with the West Virginia House and Senate constitutionally granted impeachment powers.

The impetus arose in 2018 after the legislature impeached the entire Supreme Court over numerous financial issues. Marc Williams was the lead attorney for Justice Margaret Workman, who filed suit by questioning legislative procedures, and raising a separation-of-powers issue.

With the suit under consideration, West Virginia’s Supreme Court Justices recused themselves from the proceedings. Circuit judge’s filling in as a Supreme Court ruled in Workman’s favor.

Williams said the amendment is bad and vindictive.

“They’re trying to amend our state constitution to say that – no matter the circumstances. If an impeachment takes place, a court cannot intervene, even if there was a basis for the impeachment which is clearly discriminatory or illegal,” Williams said. “The legislature is angry that the courts intervened and said that their attempt to impeach all five justices of the Supreme Court of Appeals violated our constitution and violated the due process of the justices.”

Senate Judiciary Chair Charles Trump, R-Morgan, said the 2018 fill-in Supreme Court panel overstepped its authority. He said the amendment is needed to make it explicit that the constitution clearly assigns impeachment power to the legislature and no one else.

“Article four, Section nine; The House of Delegates shall have the sole power of impeachment. The Senate shall have the sole power to try impeachments,” Trump said. “The substitute paneled Supreme Court usurped authority that is specifically delegated and conferred upon the legislative branch and disregarded the checks and balances that already exist in the Constitution.”

Williams said the legislature, not liking the results in 2018, wants the amendment to help take away any powers of judicial impeachment review. He cited examples of a possible legislative decision on impeachment proceedings for someone who is African-American or a practicing Muslim.

“Say it was because they believe that we are a Christian nation, and a Muslim should not serve in office. That impeachment could go forward,” Williams said. “There would be no state court that could intervene to stop it, even though it is clearly discriminatory and clearly unconstitutional.”

Trump said impeachment checks and balances for such individuals currently exist through the state constitution, and Amendment 1 offers the legal protections needed.

“It’s never happened before in any state or at the federal level, where the judicial branch of the government decided that it could regulate the manner in which the legislative branch conducts impeachment proceedings,” Trump said. “It’s particularly egregious and frightening because the judicial branch did it to interfere with impeachment of members of the judiciary”

Williams said when you tell a court that they cannot intervene, regardless of the circumstances, that’s what creates a problem.

Voters will decide on changing the constitution – or not – regarding legislative impeachment powers on Nov. 8.

Supreme Court Hears Final Hope Scholarship Appeal

Parents on both sides of the school funding issue said they want the best education for their special needs children; it’s the delivery and funding issues that vastly differ.

A final attempt to reinstate the Hope Scholarship program went before the West Virginia Supreme Court Tuesday.

Parents on both sides of the school funding issue said they want the best education for their special needs children; it’s the delivery and funding issues that vastly differ.

The appeal hearing comes after parents fighting for the Hope Scholarship filed to have the Supreme Court review Kanawha Circuit Judge Joanna Tabit’s July ruling.

Tabit halted the legislative program, ruling that the $4,300 offered to about 3,000 students for non-public school educational expenses was unconstitutional, diverting millions of dollars from an already underfunded public school system. The total for the 2022-23 school year would be about $13 million, much more when fully implemented.

Families could have used Hope Scholarship funds for a variety of expenses including private schooling, homeschooling, online learning and educational therapies.

A lawyer from West Virginia Attorney General Patrick Morrisey’s office representing the state – and an attorney for two individual parents fighting for the program – said Hope Scholarship funds are separately appropriated, would not affect school budgets and would not deny the right to a free education.

Attorney Joshua House with the National Institute for Justice represents parents Katie Switzer and Jennifer Compton, who intended to use the Hope Scholarship program. He said these two programs can exist side by side.

“Even if attendance were to go down, the state still has a duty to provide thorough and efficient schools,” House said. “Separate appropriations will not trigger school budget cuts and the Hope Scholarship does not infringe on anyone’s access to public schools.”

Katie Switzer, who petitioned the Supreme Court, wants a blended plan of home and other classes tailored to her special needs child. She said public school programs don’t offer the flexibility hundreds of students need.

‘It doesn’t fit every kid and so we’re not looking to get rid of public schools,” Switzer said. “We still want to use their services. We just want the right combination, we’re not really taking away from the public schools.”

Attorneys representing the West Virginia Department of Education, the State Board of Education and two parents opposing the scholarship said Hope funds are privately paid instead of going to public education.

Lead attorney Tamerlin Godley added the Constitution does not allow the financial threat the Hope Scholarship poses to the state’s financial future.

“The Constitution protects every child regardless of the vagaries of their situation. It protects children in poverty, foster care and special needs,” Godley said. “It protects them from parents that will take the funds and either from difficult circumstances or bad motives not providing an adequate education. It protects children from fly-by-night school operators that will definitely arise.”

Travis Beaver, who co-filed the original suit, said the voucher was something the legislature snuck under the public’s eyes to keep the rich, rich and everybody else poor and uneducated.

“Because $4,300 only covers my daughter’s speech, OT, the Lamb device, and ABA therapy,” Beaver said. “Putnam County schools pay for all that for my daughter and defunding will come directly out of my daughter’s problems.”

The Supreme Court has expedited the case, but no timetable is set on a ruling.

W.Va. Supreme Court Takes Up Hope Scholarship Appeal Tuesday

On Tuesday, West Virginia’s Supreme Court will hear arguments on the appeal to lift the permanent injunction on the Hope Scholarship program.

WVPB previews a case that has left about three thousand families in an educational limbo.

In July, Kanawha County Circuit Judge Joanna Tabit determined the state program that offers state funding for private education violates several constitutional provisions. She ordered an injunction.

Hope scholarships would have given about $4300 per student to pursue non-public school education.

Attorney Joshua House represents two families who were counting on the Hope money. He said the funding comes from accounts not earmarked for public education.

“This money just goes into an account that you can spend on anything,’ House said. “It’s not coming at the expense of public schools. The whole program is about providing options.”

Tamerlin Godley is the lead attorney for the many groups, including the State Board of Education and State Department of Education, opposing what they call a voucher program. She said West Virginia’s constitution clearly states the children of West Virginia will be educated using public funds, nothing about funding private education – no matter from which state account.

“This is using public money to pay for private school expenditures. You can’t do it,” Godley said. “It’s the same thing as if we tried to set up tuition schools. We will give you $4,300 in an account, and then you can go pay for whatever you want for private school expenditures. It’s a voucher.”

House argued that families can use Hope Scholarship funds to supplement private education – by paying to get public school ‘extras.’

“You can pay for some offered courses from a public school, maybe a public school that you’re not in the district for,” House said. “You can homeschool and purchase curriculum from either public schools or from private schools or online providers.”

Godley said the state is obligated to offer students a core education, plus special needs – for free – not pay money out, then take it back for something partial.

“It’s not like oh, this is money where you can go to the public school and then pay for extras,” Godley said. “You can either go to the public school or get $4,300. When that $4,300 runs out, sorry, oops, you didn’t get your full education.“

Godley said many private schools have a religious base that would exclude LGTBQ+ students.

“Many of the schools have creeds and different policies by which students have to agree to certain things. And many, in fact, most of those schools would not accept a student that was openly gay,” Godley said. “Private schools have less resources and provide less services for special needs students, it’s commonly understood.”

House said public schools do not provide some special needs options Hope Scholarship money could pay for.

“The statute actually includes things like occupational therapy, things like speech therapies, or other types of therapies,” House said. “It’s simply not the case that these accounts are going to be used to funnel money to schools that somehow fall short.”

Supreme Court of Appeals judges will listen to both sides’ arguments, deliberate among themselves, and issue a ruling. The case has been expedited, but there’s no timetable on when that ruling might come.

W.Va. Supreme Court Will Hear Appeal On Hope Scholarship

The West Virginia Supreme Court of Appeals will now determine if state issued scholarships for students wishing to leave the public school system violate the state constitution.

This is a developing story and may be updated.

Updated on August 19, 2022 at 1:30 p.m.

The West Virginia Supreme Court of Appeals will now determine if state issued scholarships for students wishing to leave the public school system violate the state constitution.

In an order released Thursday afternoon, the high court took the case away from the new Intermediate Court of Appeals but rejected a request to stay a lower court decision so funds could be released before the school year began.

Only Justices Tim Armstead and Haley Bunn supported the stay.

The Supreme Court announced it will expedite the appeal and oral arguments are set for October 4th.

The West Virginia Legislature established the Hope Scholarships in 2021, providing money for students leaving the public school system to use for a variety of educational costs. West Virginia’s program allows students old enough to enter the school system for the first time to be eligible immediately.

In January, 2022, two West Virginia parents filed a lawsuit, claiming the so-called “voucher law” violates the state constitution. In early July, Kanawha County Circuit Court Judge Joanna Tabit halted the program, granting a temporary injunction. Explaining her ruling, she said the program undermines an already underfunded public school system. She said the legislature violated its constitutional obligation by passing a statute diverting millions of taxpayer dollars and incentivising people to leave the public school system.

About 3000 qualifying Hope Scholarship families had been promised about $4300 per student for this school year.

In a statement, Attorney General Patrick Morrisey said he is ready for the legal battle to show the Hope Scholarship program is legal and constitutional.

“I am disappointed that the court did not grant a stay so that the thousands of families set to receive funds from the Act can avail of the benefits and send their children to the schools they have chosen,” Morrisey said. “We are ready to argue in front of the Supreme Court and fight for the constitutionality of this Act. This is about protecting the fundamental freedom of parents to choose the best education for their children.”

In a statement, the plaintiff’s lead attorney Tamerlin Godley with Paul Hastings, LLP and director of Public Funds, Public Schools supported the Supreme Court’s decision to not stay the injunction while an appeal continues.

“Now the courts at every level—the trial court, the Intermediate Appellate Court and the Supreme Court—have resisted the State’s efforts to try to implement this unconstitutional law,” Godley said. “We are pleased that the Supreme Court has taken up the matter and look forward to presenting our case. We are confident that the Supreme Court will confirm what the trial court found: that HB 2013 violates the constitutional rights of West Virginia’s children.”

Attorney Joshua House with the national Institute for Justice represents parents who intended to use the Hope Scholarship Program. He said he is happy the Supreme Court is taking this case seriously but disappointed the stay was denied.

“There are parents who are counting on using the Hope Scholarship to fund their homeschooling plans and to fund their private school plans,” House said. “Now, those plans have been thrown into disarray.”

House said the argument that Hope Scholarships divert taxpayer money earmarked for public school is false. He said Hope funding comes from a separate allocated source.

“This program comes from a different appropriation,” House said. “What that means in everyday terms is that West Virginians can have both public school and other options for kids for whom public school doesn’t work.”

West Virginia Education Association President Dale Lee said he was pleased the stay was rejected. He said Tabit’s ruling was correct and noted that the state’s public school system offers choices.

“They can home school their children, private school their children, church school their children anyway they choose,” Lee said. “This is not about choice. This is about public dollars paying for that choice.”

Lee hopes the fact that justices Tim Armstead and Haley Bunn supported granting the stay doesn’t affect the final outcome.

“Supporting the stay and deciding on the merits of the case are two different things,” Lee said. “I’m hopeful that they will see the same constitutionality issues that Judge Tabit saw and will be successful in this.”

Morrisey Appeals Hope Scholarship To Supreme Court

Following the Intermediate Court of Appeals denial of a requested stay on the Hope Scholarship ruling, Attorney General Patrick Morrisey has now appealed to the West Virginia Supreme Court of Appeals.

“This is a good law and I will not let this minor setback derail my office in fighting for Hope Scholarship’s constitutionality,” Morrisey said. “This delay of funds will only hurt the thousands of families who were set to receive money from the Act. This is about protecting the fundamental freedom of parents to choose the best education for their children.”

The West Virginia Legislature established the Hope Scholarship in 2021, providing money for students leaving the public school system to use for a variety of educational costs. West Virginia’s program allows students old enough to enter the school system for the first time to be eligible immediately.

Last month, two West Virginia parents filed a lawsuit, claiming the so-called “voucher law” violates the state constitution. Kanawha County Circuit Court Judge Joanna Tabit halted the program, granting a temporary injunction. Explaining her ruling, she said the program undermines an already underfunded public school system. She said the legislature violated its constitutional obligation by passing a statute diverting millions of taxpayer dollars and incentivizing people to leave the public schools. She said that action would cause a reduction of students which would decrease funding for school teachers and all support staff.

In his Thursday coronavirus briefing, Gov. Jim Justice said about 3000 qualifying Hope Scholarship families promised about $4300 per student for this school year have been left hanging.

“That’s not much of a way to do business,” Justice said. “We will have to wait and see what the Supreme Court does. Hopefully we can expedite considering just how important this is to all those families.”

West Virginia Education Association President Dale Lee notes that our founding fathers said in the Constitution that we are to provide a free and thorough public education system, not through the private sector. Lee said families already have choices.

“They have the choice to homeschool their children, to public school their children, to private school their children, to church school them,” Lee said. “This is actually about the taxpayer dollars used to provide that choice for them.”

There were no attorney briefs filed in the appeal that was pending before the Intermediate Court of Appeals, so the judges could not review the case.

Morrisey’s newly filed stay motion and notice of appeal asks the Supreme Court of Appeals to rule on the entire Hope Scholarship case.

If accepted, the Supreme Court will work on an expedited schedule with this case, expedited here meaning outside the norms of service. Still, attorney briefs need to be filed by all parties involved, and there’s no guarantee on any decision being made before the upcoming school year.