Governor Justice takes constitutional questions over his residence to state Supreme Court

CHARLESTON, W.Va. — Lawyers for Gov. Jim Justice are asking the state Supreme Court to block lower court action that could force him to live at the seat of government.

The lawyers filed a 37-page writ of prohibition on Friday. The filing says the courts should not meddle with the executive’s discretion over where he spends his time. It also says there’s no practical way for a court order to enforce where the governor lives.

The governor played a big role in reshaping the Supreme Court last year, when three justices resigned during a scandal over spending and an ensuing legislative impeachment.

Vacancies allowed Justice to name former House Speaker Tim Armstead, former Congressman Evan Jenkins and Circuit Judge John Hutchison to the court. Armstead and Jenkins then won special election, and Hutchison is up next year. Recusal is likely to be an issue in this residency case.

The state Constitution addresses 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.”

Justice has continued to make his home in Lewisburg, about two hours from Charleston.

Lawyers for Justice have contended that the duty to reside at the seat of government is “nebulous and laden with discretion.” They question how the court, as a practical matter, could define or enforce any order to compel the governor to live somewhere.

Jim Justice

The Governor’s Office issued a statement about the filing, emphasizing the governor’s need for flexibility to travel around the state.

“I promised to get out and promote our great state with everything I had,” Justice stated.

“That’s exactly what I’ve done. I’ve driven my own personal Chevy nearly 200,000 miles, meeting with local leaders and regular people from every corner of our state because that’s what a governor should do instead of just sitting behind a desk every single day and hosting lavish parties at night.”

Isaac Sponaugle

The case was brought by state Delegate Isaac Sponaugle more than a year ago. At one point, Sponaugle filed it with the Supreme Court, but justices rejected his petition without comment. His explanation was that they wanted more evidence through the lower court.

Contacted on Friday evening, Sponaugle declined to immediately comment because he had not yet had a chance to read the filing.

Justice is represented by high profile attorneys, including Mike Carey, the former U.S. Attorney for the Southern District of West Virginia who pressed charges against former Gov Arch Moore and several of the state’s top political figures.

George Terwilliger

Another of Justice’s lawyers is George Terwilliger,  a former United States Deputy Attorney General now leading the white collar practice at the McGuireWoods firm in Washington, D.C.

A statement from Terwilliger was included in the press release sent out by the Governor’s Office.

“This matter should be squarely focused on a fair analysis of the law, not politics. The governor, not the court, has the discretion to carry out his official duties in a manner that best serves the people of West Virginia,” Terwilliger stated.

“While the governor is often on the road promoting the state and visiting West Virginians where they live and work, he is in Charleston with great frequency to conduct official business and meet with legislators. In addition, his staff and cabinet officials work there on a daily basis.”

The residency case was heard most recently in the Kanawha Circuit courtroom of Judge Charles King. The lawyers for Justice asked King to send two questions to the Supreme Court earlier this year, and he declined.

King did grant a stay of further proceedings, anticipating the writ of prohibition would be filed by Justice’s legal team.

The latest filing by Justice’s lawyers cites separation of powers issues, “impermissibly allowing the authority of the courts to be used to intrude into the inner workings of the office of the State’s chief executive.”

“If such a mandate could issue, its enforcement would entail court-supervised monitoring of the Governor’s whereabouts,” Justice’s lawyers wrote.

The filing also suggests that there are practical remedies aside from the courts.

“If Mr. Sponaugle is truly dissatisfied with the manner in which the governor is performing his duties, then he (and every other citizen of this state) has the ability to vote against him in the next gubernatorial election,” Justice’s lawyers wrote.

“In addition, Mr. Sponaugle can advocate for impeachment proceedings if he deems them warranted.”



Justice Residency Writ of Prohibition (Text)





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