CHARLESTON, W.Va. — Four county circuit judges and an acting justice of the state Supreme Court will hear a Charleston attorney’s challenge of Gov. Jim Justice’s appointments of Third District Congressman Evan Jenkins and former House of Delegates Speaker Tim Armstead to the High Court.
Acting Chief Justice Paul Farrell entered an administrative order Tuesday assigning Monongalia County Circuit Judge Russell Clawges, Pleasants County Circuit Judge Tim Sweeney, Hampshire County Circuit Judge Charles Carl and Mason County Circuit Judge Craig Tatterson to the High Court to hear the challenge filed by William Schwartz.
Farrell made the move after Chief Judge Margaret Workman and Justice Beth Walker voluntarily recused themselves from the case leaving only Farrell
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.”
Acting Chief Justice Farrell was appointed to the Court by Workman after Justice Allen Loughry was suspended. Loughry, Workman, Walker and now retired Justice Robin Davis have all been impeached by the House of Delegates in connection with a spending controversy. The state Senate has scheduled trial dates for all four.
Loughry faces more than two dozen federal criminal counts in connection with the same spending controversy. He is scheduled to go on trial next month. Former Justice Menis Ketchum resigned from the court and then pleaded guilty to a federal information charging him with fraud. He’s scheduled to he sentenced later this year.
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.