MORGANTOWN, W.Va. — Don’t throw a yellow penalty flag for piling on — the Monongalia County Commission would like to remind the entire state that they have their own financial score to settle with West Virginia’s embattled Supreme Court.
For more than three years, the commission and the state’s Supreme Court have been at odds over what constitutes “a reasonable amount” for space provided for family court in the county’s recently renovated ex-federal building that sits in the heart of downtown Morgantown.
“They felt that we were being unreasonable,” Commissioner Ed Hawkins said. “So that’s why we had an appraiser, and we used Mark Day. I considered Mark to be — and still do — one of the best appraisers in this town. (He) makes this appraisal and came in around 21 and change.”
In April 2015, commissioners were willing to rent the renovated and newly dubbed Monongalia County Justice Center to the state’s highest court for $20 per square foot — a bump up, surely, from their previous $12 per square foot accommodations in the old Monongalia County Magistrate Court building.
“Everything was state-of-the-art,” Hawkins said. “We have all the fiber optics. Everything that you could possibly want in a judicial system is in that building. Even though the building isn’t new, the complete renovation was to bring everything up to state-of-the-art. That’s been a focus of commission since I’ve been on it — to try and better what we have in this county and that’s for the citizens of the county.”
The court didn’t like the appraisal though, Hawkins said. In fact, they didn’t like increasing from $12 per square foot, which already made Monongalia County the most expensive accommodations for family court in the entire state. So, then court administrator Steve Canterbury asked for another appraisal.
“They didn’t like the fact that it came in at what they considered unreasonable and requested that we use an appraiser of their choice,” Hawkins said. “So we did, and it came in at $24.90 a square foot.”
Even with the higher appraisal, Hawkins said commission would have been fine settling at $18 per square foot — something commissioners considered “reasonable” when compared to the appraised value.
“I’m pretty sure it would be reasonable to say that the accommodations that we have now are far superior to what they had prior to 2015,” he said.
Reasonable is an important word in this matter. In fact, it’s actually in the state code. The West Virginia State Supreme Court will pay “a reasonable amount” for space provided to accommodate family court.
But if $21 per square foot didn’t fly, a court-approved appraisal that increased that number certainly wouldn’t either. As The Dominion Post reported last Friday, then Supreme Court Administrator Steve Canterbury responded to Monongalia County Commission in a December 2015 letter that stated that the court’s financial situation could not support the additional dollars requested.
“It was obvious that there was going to be no adjustment whatsoever in the compensation that we were going to receive from the Supreme Court,” Hawkins said. “To this end, we haven’t forgotten about it. We’re still charging the $24.90 per square foot. I think there’s almost 6,000 square feet. So, essentially, there’s about an arrears of around $60,000.”
Last week, Monongalia County Commissioners unanimously approved sending the correspondence between their body and the court from the 2015 dispute to Gov. Jim Justice and Senate President Mitch Carmichael.
Between $2,000 throw pillows, a $32,000 couch, and multiple six-figure office renovations, Hawkins said commissioners think the dispute sheds a harsh new light onto financial practices into a body currently facing significant allegations of corruption.
Former Chief Justice Allen Loughery, though he has not resigned from the court, is under indictment for upwards of 25 federal criminal charges; former Justice Menis Ketchum resigned and will plea in federal court next week; former Justice Robin Davis resigned last week; and Chief Justice Margaret Workman and Justice Beth Walker are each facing articles of impeachment in front of the State Senate, likely next month.
The questions started with a $32,000 couch, but Hawkins said commissioners paused with furrowed brow three years ago when the court so magnanimously claimed they couldn’t pay any more than $12 per square foot.
But, Hawkins said, the Monongalia County Commission isn’t going to be unreasonable about settling the issue.
“I’m certain that my fellow commissioners, at this time, would be happy to probably go back to and accept $18 per square foot, which we feel is just and reasonable.”