CHARLESTON, W.Va. — Anyone running for West Virginia’s newly-opened state Supreme Court seat will need to sprint.
The filing period for the court seat vacated by retiring Justice Menis Ketchum begins August 6 and ends August 21.
Candidates will be on the ballot for the Nov. 6 election.
But there’s another catch, too. This would be considered a non-partisan special election to be held concurrently with the regular general election.
Because it would be a special election happening concurrently with the regular election, it opens a possible loophole for candidates to be on the ballot more than once.
That provides a potential free shot for officeholders who may want to remain on the ballot for their current positions but who want to run for Supreme Court, too.
That would not apply to those who already hold judicial offices because of codes of conduct.
“But it’s not clear in code right now — we haven’t made an official determination — whether or not a currently sitting member or current candidate for another office can actually run for the judicial vacancy at the same time,” said Donald “Deak” Kersey, elections director and deputy general counsel for the Secretary of State.
“Some people on one aisle say ‘Well, code looks like it says you have one election — that’s the November general election — but because of this vacancy you have to have a ‘concurrent election’ to fill the judicial vacancy. So some people interpret that concurrent provision to mean it’s a separate election, just held at the same time.
“Others look at code and say ‘It’s pretty clear here. You can’t run for more than one office during the same election. So we will have to make an administrative decision here to officially determine whether or not someone can do that, but we haven’t done that yet.”
That’s one reason there was a long conversation about recusals as the House of Delegates voted to begin impeachment proceedings against one or more justices.
Ketchum, who was in trouble over accusations that he used state vehicles over a period of years to commute from his home and to golf trips, announced his retirement July 11, the day before impeachment proceedings were to begin in the Legislature.
His announcement made certain there would be an open Supreme Court seat on the November ballot.
But the impeachment proceedings ever since they were announced have made an open seat possible.
House Speaker Tim Armstead, R-Kanawha, announced in January that he would not run again for his seat in the House of Delegates.
At the time, Armstead acknowledged consideration of a future run for Supreme Court. That was way before it was clear there would be impeachment proceedings.
On June 26, as the House of Delegates voted on whether to enter into impeachment hearings for the Supreme Court after a series of controversies, Armstead asked if he should recuse himself from that vote. He was ruled a member of a group in a similar situation and told that he should go ahead and vote.
“I believe it’s pertinent for me to ask as one who has indicated a possible interest in running for the Supreme Court but also as an attorney who would be qualified to run for that office — to ask for a ruling from the chair as to whether I should vote on this matter,” Armstead said from the House floor.
He wasn’t the only one who wound up asking whether a possible interest in running for the court should prevent voting on the start of impeachment.
House Minority Tim Miley, D-Marion, submitted a written letter asking about whether any delegates who are attorneys should also recuse themselves. Many of the lawyers in the House asked to participate in that recusal question.
Delegate Larry Rowe, a lawyer, asked if there might be an additional constitutional bar to take out a sitting justice and then run for that seat.
Everyone now knows the seat that had been occupied by Ketchum will now be open and on the ballot.
Less clear is whether any other seat would be open. The key date has been considered August 14 for an open seat to be on the ballot.
Loughry, facing the most pressure of all the justices, has given no indication he plans to resign. Impeachment proceedings have been moving at a deliberate pace, not necessarily a pace that would lead to a conclusion by August 14.
After that date, Gov. Jim Justice, with the guidance of the Judicial Vacancy Advisory Commission, would likely name someone to fill any additional seat that opens.
Whether elected or appointed, the new justice would serve until the term’s end.
