CHARLESTON, W.Va. — Justice Robin Davis, who retired abruptly from West Virginia’s Supreme Court in the wake of impeachment proceedings, has been served with a summons for an upcoming impeachment trial.
So, just because she’s off the court, it doesn’t necessarily yet mean she’s in the clear on impeachment.
Davis remains named in the articles of impeachment and could still be tried and convicted of impeachment to disqualify her from ever holding another public office.
It’s also possible — and perhaps even likely — that her lawyers or lawmakers could make a motion to have her removed from the articles of impeachment that a jury of senators will be considering.
Like remaining justices Margaret Workman and Beth Walker — plus suspended Justice Allen Loughry — Davis was summoned to appear at a pretrial hearing in the Senate at 10 a.m. Sept. 11.
“If you fail to do so, thereafter judgment, upon proper consideration and vote of the West Virginia
Senate, may be taken against you for the relief demanded in the Articles of Impeachment,” the summons stated.
West Virginia’s House of Delegates passed articles of impeachment Aug. 14 against the four justices.
The only justice who wasn’t under consideration for impeachment was Menis Ketchum, spared because he submitted his resignation the day before proceedings began.
The justices were accused of crossing the line on a variety of items, including failure to hold each other accountable, signing off on skirting the law on payment of senior status judges and spending lavishly on office renovations.
The morning after the impeachment vote, Davis announced her resignation with a fiery statement.
“What we are witnessing is a disaster for the rule of law, the foundation of our state, and indeed, our very society,” Davis stated. “For when a legislative body attempts to dismantle a separate branch of government, the immediate effects, as well as the precedent it sets for the future, can only be termed disastrous.”
The state Constitution gives the Senate the power to hold trials to consider removing state officials from office in instances of impeachment.
Senators on August 20 accepted the articles from the House, including those that named Davis.
Procedurally, managers from the House did not believe that they could remove her from articles adopted by the entire House without calling the body back into session.
The managers — five delegates — or Davis’s counsel, Pamela Deem of Kay, Casto & Chaney, could still seek dismissal of the articles before the presiding officer of the upcoming Senate trials.
Delegate Roger Hanshaw, the new House speaker, said Wednesday on MetroNews’ “Talkline” that it would be better if Davis no longer had to go through the trials.
“I think not,” said Hanshaw, R-Clay, who was vice chairman of the House Judiciary Committee during the House impeachment proceedings, as well as one of the managers.
“As far as the Senate can go is removal from office, and Justice Davis is no longer in office.”
House Minority Leader Tim Miley, D-Harrison, also said he does not think Davis should go through the impeachment trials.
“No, I don’t, because she resigned,” Miley said on “Talkline.”
Miley said there would be no point to trying her.
“I don’t believe there would be,” he said. “I certainly haven’t heard of a good reason to do so.
“There’s a number of reasons I feel that way, not the least of which is, why would you take time away from those with the most egregious offenses, that being Allen Loughry? The more time you take doing things that are unnecessary, the greater likelihood that you run out of time and, voila, Allen Loughry doesn’t get impeached because he met the deadline.”
The rules that the Senate adopted August 20 have a provision — Rule 13 — any senator to move to dismiss articles of impeachment against one of the justices.
Such a motion would go to a vote of the senators serving as the jury.
“If a majority of Senators elected vote to dismiss the Articles against the Respondent, a judgment of dismissal shall be pronounced,” according to the rule.
No one made such a motion the last time senators met on Aug. 20.
It’s still possible that senators could make a motion to dismiss on an upcoming date such as Sept. 11, when pre-trial motions are set to be considered.
Back on Aug. 20, Senate Minority Leader Roman Prezioso, D-Marion, said it was his understanding that the articles against Davis would not go forward.
“There’s no question,” Prezioso said.
“We had the conversation earlier with the leadership of the Senate and eventually her name will be taken off.”