CHARLESTON, W.Va. — A lawsuit has been filed for a third time over whether Gov. Jim Justice violates the state Constitution’s requirement to reside at the seat of government.
Delegate Isaac Sponaugle, D-Pendleton, filed the lawsuit again early this month. Sponaugle, a lawyer in Franklin, filed the lawsuit in his capacity as a citizen, rather than as a delegate.
The suit initially filed in Kanawha Circuit Court was dismissed in September because Sponaugle didn’t provide required 30-days notification to state government.
Sponaugle re-filed the lawsuit a week later with the state Supreme Court. In late November, the Supreme Court rejected the petition.
“Upon consideration and review, the court is of the opinion that a rule should not be awarded, and the writ prayed for by the petitioner should be refused,” justices wrote in a two-paragraph Nov. 14 order.
So now Sponaugle is back at circuit court.
His filing from Dec. 7 now includes the paperwork showing he had provided notice both to the Governor’s Office and to the Attorney General about his intention to file a lawsuit.
He continues to claim Governor Justice is not living up to his constitutional duty to reside at the seat of government — and that’s having a practical effect on how the executive branch is run.
“Habitual absenteeism and keeping one’s public records, book and papers pertaining to the respective office scattered across several counties in a disorganized manner is fraught with problems that should be avoided,” Sponaugle wrote.
Where Justice lives has been an issue ever since he took office. He has continued to make his home in Lewisburg, a couple of hours from the Capitol.
The governor says he works hard no matter where he is and that he may be reached at all hours via his flip phone.
The state Constitution always has and continues to address where officers of the executive branch should live.
“They shall reside at the seat of government during their terms of office, keep there the public records, books and papers pertaining to their respective offices, and shall perform such duties as may be prescribed by law.”
That applies to the governor, secretary of state, auditor, treasurer, agriculture commissioner and attorney general.
The case has been assigned again to Kanawha Circuit Judge Charles King.
When the case was before King earlier, the judge asked how he would enforce the residency requirement.
“How do I enforce it?” King asked during a preliminary hearing. “How am I going to know whether he’s living there or not? You want me to follow him around the rest of his term?”