CHARLESTON — While the Legislature decides where to go next on impeachment, both sides in retired Justice Robin Davis’s federal lawsuit have agreed to allow more time to state their case.
Lawyers for the Legislature and Justice Davis filed a proposed joint stipulation Friday that could provide more time for lawmakers to respond to Davis’s claims that impeachment violated her constitutional rights.
“Proceedings currently ongoing (or that may soon be initiated) in the Supreme Court of Appeals of West Virginia and/or the West Virginia Legislature have the potential to significantly impact the resolution of the legal issues presented in this case,” according to the proposed stipulation.
The proposal goes on to say, “there is no immediate need for this litigation to proceed until further clarity emerges from an appropriate State body.”
Under the proposed agreement, the lawmakers being sued by Davis would have until Dec. 10 to file a response.
Then Davis would have until Jan. 18 to provide her own response.
That timetable means the responses would be due as a new Legislature is being seated and as lawmakers then gather for the next regular session, which begins Jan. 9.
Davis’s lawsuit contends her impeachment was an unconstitutional power grab by the Legislature’s Republican majority. The state Senate voted down a motion to halt Davis’s impeachment trial even though she retired.
An acting version of the state Supreme Court clarified last week that a decision halting Chief Justice Margaret Workman’s impeachment trial would also apply to Davis’s.
Workman’s trial was halted by a group of circuit judges who ruled the impeachment process was flawed on constitutional and procedural grounds.
Today on MetroNews’ “Talkline,” House Speaker Roger Hanshaw said lawmakers are still determining what to do about the Davis impeachment.
He said a decision is likely to be made when lawmakers settle on how to deal with the impeachment of suspended Justice Allen Loughry, who was convicted this month on 11 federal charges.
“That will be for the House Judiciary and the House managers to take up when we’re back in session for the purposes of considering the unfortunate situation with Justice Loughry,” Hanshaw said.
He said one big factor to consider is that that the House of Delegates did not pursue articles of impeachment against Justice Menis Ketchum, who resigned right before the impeachment proceedings began.
The House did vote in favor of impeachment articles against Justice Davis, and she announced her retirement the day after the articles passed.
“So, if the House is back in session for the purposes of considering articles of impeachment, whether the House would choose to proceed against Justice Davis today is an open question,” Hanshaw said.
“At the time we proceeded, she had not resigned from the court. That’s no longer the case.”
