CHARLESTON — With indicted state Supreme Court Justice Allen Loughry unwilling to resign, Gov. Jim Justice called West Virginia legislators into special session to debate impeachment proceedings beginning today.
House Judiciary Chairman John Shott, R-Mercer, said the special session will open with a resolution directing the House Judiciary Committee to begin an investigation.
The rest of the Legislature is likely to recess while the House Judiciary Committee continues its work to determine “whether it believes there are ample grounds, described in the categories in the Constitution, to seek impeachment of one or more of the justices,” Shott said.
The historic situation was prompted by the indictment of Loughry on 22 federal allegations, including mail fraud, wire fraud, witness tampering and lying to federal agents.
The special session proclamation does not name Loughry specifically, leaving open the possibility of investigating other Supreme Court justices.
“I think it’s squirrely and unbecoming to name Justice Loughry specifically based upon what we all know he has been accused of while leaving it open in a very ambiguous manner to allow other unnamed justices to be accused,” said House Majority Leader Tim Miley, D-Harrison.
“If you believe there are other justices who have engaged in wrongdoing and improper conduct, then be bold enough to identify them.”
If impeachment proceeds, the House of Delegates would essentially lay out the charges, and the Senate would then serve as the jury in a trial.
Morgantown-area legislators called the special session necessary.
“I think just moving forward and allowing this to be discussed openly as we’re doing right now makes everyone in West Virginia feel more comfortable,” said Delegate Bob Beach, D-Monongalia.
Mike Caputo, D-Marion, said, “There seems to be a lot distrust right now in our Supreme Court. The one thing we all have to be aware of is any corruption in our government.
“One thing I will not tolerate, and I know most of my colleagues won’t tolerate, is any type of corruption in government. People should be able to trust, particularly the highest form, which to me is the Supreme Court, and there are some serious concerns.”
Loughry ignored calls for his resignation from Gov. Justice and numerous legislators. Now comes the special session, which in previous years cost taxpayers about $35,000 per day.
“We’ll have to see the formal evidence, but I am surprised that he hasn’t taken it upon himself to resign,” said Delegate Jon Williams, D-Monongalia. “It seems he should’ve saved the state money so that we don’t have to go through this.”
Williams encouraged lawmakers to expedite the investigation and reach a conclusion before Aug. 14, so in the event of Loughry’s removal, “we could have a democratically elected replacement for him be put on the ballot in the November election.”
House Speaker Tim Armstead, who is strongly considering a run for the Supreme Court, was not part of the special session request Monday, saying he wants to avoid the appearance of impropriety.
“As the Legislature begins the process of considering possible impeachment proceedings related to members of the West Virginia Supreme Court of Appeals, it is important that this process be free from any appearance of bias,” Armstead said.
