CHARLESTON — As he begins retirement, former West Virginia Supreme Court Justice Menis Ketchum is agreeing to plead guilty to a felony criminal count of wire fraud, part of a federal information that U.S. Attorney Mike Stuart announced July 31.
“Although the plea agreement includes only a single count, the federal information sets forth a pattern of wrongdoing,” said Mike Stuart, U.S. attorney for West Virginia’s Southern District, during a Tuesday press conference at the Robert C. Byrd U.S. Courthouse in Charleston.
An information indicates Ketchum is cooperating with federal investigators by agreeing to waive indictment and admit to using a state-owned vehicle and state-issued fuel card for personal travel in 2014.
“Justice Ketchum did the right thing for doing the wrong thing. Justice Ketchum stepped up and owned his illegal activity,” Stuart said.
“The West Virginia Supreme Court should be and must be above reproach, above even the slightest appearance of impropriety. That’s critical. After all, it is the highest court in the land and its justices are elected by the people — our neighbors and our families — to stand in judgment of us, all of us.”
A plea hearing for Ketchum will be scheduled at a later date.
The possible penalties for wire fraud include a potential sentence of up to 20 years in a federal prison and a fine of as much as $250,000.
Ketchum submitted his resignation to Gov. Jim Justice on July 11 — the day before the start of impeachment hearings from the House of Delegates Judiciary Committee. His resignation took effect last Friday, July 27.
His term was scheduled to run through 2020.
On Monday, the filing period begins for those interested in serving out the remainder of Ketchum’s term. Potential candidates have to run in the 2018 November General Election.
A temporary justice will be appointed to serve ahead of the election.
Earlier this year, a legislative audit found Ketchum should have indicated his use of the vehicles on his personal income tax returns, but did not.
He had his W-2 forms retroactively updated and repaid the state $1,663.81 for incorrect travel expenses.
His assertion was he had obtained official permission from his fellow justices in 2012 to start using a state vehicle to commute between the State Capitol and his home in Huntington.
The audit found Ketchum also took the car to several out-of-state golf outings.
