CHARLESTON, W.Va. — Gov. Jim Justice has called a special session of the Legislature for next week, specifically to consider a new impeachment article for suspended Justice Allen Loughry.
The governor’s proclamation called the special session for Tuesday for “matters relating to the removal of Allen Loughry, Justice of the Supreme Court of Appeals of West Virginia, including, but not limited to, censure, impeachment, trial, conviction, and disqualification.”
The fact that the special session proclamation mentions only Loughry means the Legislature will not be considering, again, the impeachment of Chief Justice Margaret Workman or retired Justice Robin Davis.
The date aligns with regularly-scheduled legislative interim meetings, which already have a modest agenda.
Speaking today on MetroNews’ “Talkline,” House Judiciary Chairman John Shott estimated the House could impeach Loughry based on his recent conviction in federal court in fairly short order.
“We have 11 serious felony counts we know a jury unanimously convicted on him. We are basically duty-bound to move forward on this,” said Shott, R-Mercer.
But Shott said there would need to be some lag until the state Senate could have an impeachment trial for Loughry. Senators would need to allow due process for Loughry to defend himself.
Prior to the governor’s announcement, Shott said he would recommend not taking up impeachment articles against Davis, who announced her resignation right after the first House impeachment process.
“Her resignation accomplished the purpose of her impeachment in the House,” Shott said.
Shott expressed doubt that lawmakers could act on articles on Workman prior to new lawmakers taking their seats. He said it’s possible the House could take a look at Workman later, although it also might not.
“I don’t think we could get it done between now and December first,” Shott said.
The saga of Loughry’s impeachment is long and winding.
The former chief justice has been suspended from the state Supreme Court but, technically, remains a part of it.
He was convicted last month on 11 federal counts of wire fraud, witness tampering and lying to federal investigators.
A couple of weeks ago, reporters asked Governor Justice whether he’d given thought to calling a special session for Loughry’s impeachment.
At the time, the governor said he would like to hear more from the Senate and the House of Delegates about how they want to proceed.
“I’ve thought a lot about it, and it’s terribly unfortunate in many ways — especially unfortunate to the state of West Virginia,” Justice said.
“I wish to goodness that Justice Loughry would just do what seems to be the right thing. Now, I don’t portray to know every little detail, but it just seems the right thing is resignation and go on down the road.”
The House of Delegates earlier voted to impeach Loughry on multiple articles, and an impeachment trial was set for this month in the Senate.
But then Chief Justice Margaret Workman, who also faced impeachment articles, challenged the process in the court system.
An acting version of the Supreme Court sided with Workman’s argument, declaring her impeachment invalid on separation-of-powers grounds and concluding the House of Delegates failed to follow its own process.
The judges who formed the acting court then clarified that the same ruling would nullify Loughry’s impeachment.
So one possibility with Loughry is to start over.
A complication could be that Loughry, through his attorney, has asked for a new federal trial.
Loughry’s attorney, John Carr, has actually filed two motions for a new trial.
The first is sealed, so it’s not yet clear what grounds it states.
The second contends federal prosecutors did not actually provide enough evidence to convict Loughry beyond a reasonable doubt.
“Because the evidence introduced in this case is insufficient even in the light most favorable to the United States to sustain a conviction of the specified Counts, the Defendant respectfully requests that this Court enter a judgement of acquittal on these Counts, and Order a new trial on any remaining Counts,” Carr wrote.
Shott said it’s worth going ahead with impeachment based on Loughry’s conviction, even though Loughry continues to ask for a new trial.
“We know now that there was a conviction on 11 serious felony charges, we know now there is a motion for new trial, which is common, and we know we’re running out of time to do anything as this Legislature,” Shott said.