CHARLESTON — Democratic members of the House of Delegates Judiciary Committee are demanding a vote on Articles of Impeachment against suspended Supreme Court Justice Allen Loughry.
One delegate wants the vote to happen at the committee’s next meeting set for Monday, but the committee chairman said he plans to stay the course in the review of all justices.
The Democrats sent out a news release Wednesday calling for the vote. They also released their proposed articles of impeachment.
“There’s no reason why we should drag this out any longer when it comes to Justice Loughry,” Del. Shawn Fluharty, D-Ohio, said Wednesday on MetroNews “Talkline.” “The rest of the justices are still fair game to be looked at and have the evidence evaluated as it comes in, but I think it’s clear, based upon the evidence we’ve heard thus far, that the evidence against Justice Loughry certainly stands out more so than the other justices.”
Committee Chairman John Shott, R-Mercer, said the timing of the release was disappointing, just a few days before the committee is scheduled to meet in executive session to discuss the definitions of impeachment.
“It seems once we start developing evidence that implicates their favorites on the court they want to direct attention back to Justice Loughry,” Shott said on “Talkline” Wednesday.
The committee heard evidence last week concerning Chief Justice Margaret Workman and Justice Robin Davis.
Fluharty said nothing that he’s heard against them rises to the level of impeachment.
Shott said Fluharty and all of the other Democrats in the House voted unanimously with Republicans, 89-0, during a special session earlier this summer to move forward with impeachment hearings on the entire court and that’s what he plans to do.
“We ought to look at all of the evidence and make one recommendation as to one or more of the justices to impeach and go forward in a consistent and prepared manner with that trial of one or more persons,” Shott said.
He added a joint trial before the state Senate could eliminate politics.
“It will be much more efficient (if we try them together) and much less likely to trigger partisanship, especially if their histories are with different parties. We’d also be less likely to inconvenience the witnesses,” Shott said.
Fluharty has alleged before, and did so again Wednesday, that Republicans are dragging their feet to get beyond the Aug. 14 deadline to have a candidate on the ballot for the November General Election. He said they want Gov. Jim Justice to appoint a Republican for two years.
“This is much bigger than political theater and I believe by delaying this for so long there are political intentions behind this and that’s the driving force and that’s what’s really frustrating. Because at the end of the day it’s taking the power away from the people where it belongs and that power is in November,” Fluharty said.
Shott said Democrats are getting the Supreme Court election they want with now-former Justice Menis Ketchum’s decision to retire. The filing period for that race begins Monday.
Six days of testimony have taken place over the last five weeks covering court spending, the use of state property at Loughry’s personal residence, the cost of renovations of all of the individual justices’ capitol offices and the general atmosphere of working at the court. Shott said the process has been slowed for several reasons, including negotiations with the lawyers of potential witnesses, waiting on the delivery of subpoenaed documents and waiting on the review of those documents.
Shott also said he’s tried to accommodate all the requests of the Democratic members of the committee, including potential testimony by Loughry’s wife — who has retained a lawyer — and a tour of Supreme Court offices, which has been delayed several times by the court and is now scheduled for Monday.
Fluharty said the committee shouldn’t have to keep hearing the same redundant evidence “over and over and over again when it comes to Justice Loughry, which is what is happening right now and frankly it’s a waste of taxpayer money and time. Enough is enough, let’s move forward with this.”
Loughry is currently free on bail after being arraigned on 23 federal criminal counts alleging misuse of state funds, lying to a federal agent and obstruction of justice. He’s also named in a 32-count statement of charges from the Judicial Investigation Commission for allegedly violating the Judicial Code of Ethics. He’s been suspended from the court without pay.
Ketchum has entered a federal information with federal prosecutors and will plead guilty soon to one count of wire fraud.
