Shott: Committee needs to look into use of 1099 forms

CHARLESTON, W.Va. — The chairman of the House Judiciary Committee said on Monday’s MetroNews “Talkline” the committee will look into issues regarding 1099 forms and how much retired judges are paid for per diem work.

Chairman John Shott, R-Mercer, said evidence was brought up during last week’s testimony by former Supreme Court Administrator Steve Canterbury that pointed to the court circumventing state code in providing such forms.

“There’s a statute that requires that a judge who has retired and works on a per diem basis to fill gaps on the schedule, so to speak, for the court cannot earn more than the salary of a sitting judge,” he said.

Shott said according to testimony, retired judges received 1099 forms rather than the needed W-2 form as if they were independent contractors.

House Judiciary Committee Chairman John Shott, R-Mercer

“We just heard that, so we haven’t done a lot of investigation of that, but that’s troubling,” he said. “The statute clearly says the total of the per diem money that they earn in their retirement cannot exceed the amount of a sitting judge.

“Although there may be good reasons to do that and good intentions in doing that, it certainly would be troubling, if that’s the case, that the highest court in the state is basically setting a precedent for a defense for breaking the law if you have good intentions.”

According to Shott, the Legislative Auditor’s office will review the matter as well.

“There may be nothing to that and I don’t want to assert that there is,” he added. “We just heard that testimony Thursday, and we want to look into it.”

The House Judiciary Committee will not hear testimony this week as it relates to its impeachment proceedings involving the Supreme Court of Appeals of West Virginia. In addition to hearing testimony from Canterbury last week, lawmakers also reviewed expense reports of justices.

Proceedings are expected to resume by Aug. 6.





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