CHARLESTON, W.Va. — Lawyers for the state Senate are fighting Chief Justice Margaret Workman’s attempt to halt her impeachment trial. saying the effort undercuts the constitution’s authorities.
The lawyers submitted a response to Workman’s motion to the state Supreme Court. The full filing was 93 pages, including exhibits.
“This Court must deny Petitioner’s request for a stay because the Petition is an illegal and unconstitutional attempt to usurp authority that has been exclusively delegated to the West Virginia House of Delegates and West Virginia Senate by the Constitution of West Virginia,” wrote the lawyers for the Senate.
The lawyers continued, “If this Court exercises jurisdiction over the Petition, it will provoke a constitutional crisis by effectively eliminating the Legislature’s only check over the courts.”
Lawyers for Workman submitted a petition for writ of mandamus last Friday, challenging the legality of impeachment proceedings and requesting a stay.
“This writ is not intended to provoke a constitutional crisis; it is intended to prevent one,” wrote the lawyers representing Workman
Workman issued an order disqualifying herself from hearing her own petition.
Judge James Matish of the 15th Judicial Circuit was appointed be acting chief justice in the case, selecting four additional circuit judges to serve on the temporary Supreme Court.
Delegates voted to impeach Workman along with the other remaining members of the state Supreme Court on August 13 on allegations that they had overstepped their authority and committed acts of maladministration.
Workman is set for a trial in the Senate starting Oct. 15.
Her petition for writ of mandamus names Senate President Mitch Carmichael, Senate pro tempore Donna Boley, Senate Majority Leader Ryan Ferns, Senate Clerk Lee Cassis and the rest of the Senate.
Lawyers for the senators contend legal precedent indicates the judiciary system cannot make a determination on impeachment because it is a political question, not one for the court system.
“As is the case with the United States Constitution, and most state constitutions, the issue of impeachment under the Constitution of West Virginia is textually and demonstrably committed to one political department— the West Virginia Legislature,’ wrote lawyers for the Senate.
The lawyers for the Senate also contended that Workman’s motion violates the separation of powers clause.
By requesting a stay of the impeachment proceedings currently pending before the West Virginia Senate, Petitioner seeks to short-circuit the constitutionally prescribed process for the removal of public officers,” they wrote.
The lawyers elaborate that Workman should be denied a stay because, they contend, she is unlikely to succeed in the end, she can’t say she will be irreparably harmed and that she can’t demonstrate a stay wouldn’t harm the other parties to the matter.