CHARLESTON, W.Va. — The state Supreme Court entered two scheduling orders Friday in connection with the challenges filed filed following Gov. Jim Justice’s appointments of Third District Congressman Evan Jenkins and former House of Delegates Speaker Tim Armstead to the Court.
According to one scheduling order, Jenkins and Secretary of State Mac Warner must respond to a writ of mandamus filed by Clay County lawyer Wayne King by the end of this coming Monday, Sept. 17.
The second order, in connection with a protest filed by Charleston attorney William Schwartz, gives Jenkins, Armstead, Warner and Gov. Jim Justice until next Wednesday, Sept. 19, to respond to the claims.
Schwartz claims Jenkins cannot be appointed to the High Court because he hasn’t practiced law since 1999. He said state law requires at least 10 years of practice.
In the case of Armstead, Schwartz claims the former speaker’s vote in favor of a resolution to to investigate all the members of the Court for impeachable offenses violated a state law when it comes to being appointed to an office.
Armstead has called the Schwartz’s claims “legally unfounded.”
In the King case against Jenkins and Warner, King claims Jenkins isn’t qualified because his law license was inactive for the four preceding years.
Neither Armstead nor Jenkins can be sworn-in until the legal challenges are resolved. Justice appointed them in a Saturday morning announcement on Aug. 25.