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No questions about couches or rugs at Supreme Court finance hearings

CHARLESTON, W.Va. — Nobody on Senate Finance asked about expensive couches or rugs, and the chairman shut down the chief justice of the state Supreme Court during a discussion of what the separation of powers means about the court system’s purse strings.

Instead during a Monday budget hearing, senators asked questions about line items for the judicial system’s budget, about whether an e-filing system for court cases will ever pay off and about the appropriate amount of investment in a pension plan for judges.

This was the second budget hearing in short order for Chief Justice Allen Loughry, who spent much of the fall responding to the public’s questions over expenses related to renovations at the Supreme Court.

Criticism arose after recent stories about the $32,000 couch in Loughry’s office, the $7,500 wooden West Virginia medallion inlaid into Loughry’s floor, the $28,194 rugs in Justice Robin Davis’s office and the $130,654 for extensive renovations of Justice Beth Walker’s chambers, even though those chambers were upgraded just seven years ago.

Loughry, speaking last week to delegates and today to senators, called those expenses “isolated,” “expensive,” “inappropriate” and “indefensible.”

But he wasn’t specifically asked to explain them in either budget hearing.

Still, there have been legislative repercussions.

The Legislative Auditor announced that the court system has moved to the top of the list for an audit. Delegate Mike Pushkin, D-Kanawha, made a floor speech asking for Senate Judiciary to investigate whether it’s appropriate to impeach Loughry.

And multiple legislators have expressed interest in pushing for a state constitutional amendment that would give the Legislature greater oversight power over the court system.

In fact, such a proposed amendment was introduced on Day 1 by Senators Greg Boso and Sue Cline. And Delegate Michael Folk introduced a House version.

Loughry, during today’s presentation to the Senate Finance Committee, offered warnings about the separation of powers between the legislative branch and the judicial branch.

He said the current provision giving the judicial system autonomy over its own budget preserves checks and balances — and prevents the temptation of retribution.

Craig Blair

Loughry was partway through a cautionary tale about the Legislature in Kansas and that state’s Supreme Court when he was stopped short by Finance Chairman Craig Blair.

“We’re having a budget hearing here,” said Blair, R-Berkeley.

“Point taken,” the chief justice replied.

Late in the hearing, Blair referred back to that moment and explained that he really wanted to hear more specifics about the court system’s budget. “This is a budget hearing,” he said, “and I felt like we were really, really short on details.”

Speaking to reporters when the hearing was over, Blair said there is pressure from the Legislature and the public to change oversight of funding the judiciary. But he suggested that debate will likely take place during separate meetings.

“There is no question about it. I think the train has left the station on a constitutional amendment that will bring our Supreme Court’s budget in underneath the legislative branch just as in other states and the federal government,” Blair said.

Members of the Finance Committee didn’t get into that on Monday. But they did ask questions about line items in the court system budget.

This year, the court system proposes spending $139 million, a thin slice of state government’s overall spending. That’s also a $2 million cut from last year’s judicial budget, Loughry said.

John Unger

Senator John Unger, D-Berkeley, asked how much of what the court system does could actually be considered a function of the executive branch, describing the possibility of mission creep.

“The problem comes down, with executive branch functions we have power over the purse,” Unger said. “If you’re doing an executive function then I’d like to know that.”

Loughry said some of the missions the court system has taken on have actually been legislated.

“These things we’re doing are not things where we’re stepping up and creating a bunch of programs on our own,” he said.

Senate Minority Leader Roman Prezioso, D-Marion, asked about the appropriate level of contributions to the judicial pension system.

Ryan Ferns

And Senate Majority Leader Ryan Ferns, R-Ohio, asked a series of questions about an $8.5 million carryover of funds in the court system budget. He wondered if the money is necessary to keep in reserve — or if the court system’s budget could be trimmed even more.

Loughry said that money is meant to pay for ongoing installation of an e-filing system for court documents. The effort began in 2014 but only a few counties are now included.

Ferns asked if the effort and spending will ever pay off.

“Are you definitely doing the e-filing system statewide at some point?” he asked.

“This is something we’re committed to doing,” Loughry responded.

Ferns said that didn’t sound firm.

“I do not want to just spend money at something,” Loughry said. “I want to make certain we’re doing it the right way.”





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