CHARLESTON, W.Va. — The lawsuit over where Gov. Jim Justice lives may be headed to the state Supreme Court.
Delegate Isaac Sponaugle, D-Pendleton, filed the lawsuit with the Supreme Court on Tuesday.
The petition for writ of mandamus is styled like a very formal title bout: G. Isaac Sponaugle, III, citizen and taxpayer, petitioner, v. James Conley Justice II, Governor of the State of West Virginia, respondent.
“This petition presents the question whether Section 1 of Article VII of the West Virginia Constitution and W.Va. Code 6-5-4 are mandatory nondiscretionary requirements that the officeholder of Governor shall reside at the seat of government during the terms of office, and keep there the public records, books and papers pertaining to that office.”
The case was dismissed last week from Kanawha Circuit Court because Sponaugle filed it before providing 30 days notice to the state.
Now, during legislative interim meetings, Sponaugle walked over to the Supreme Court and tried again.
The Supreme Court, which is in flux after rounds of resignations, suspensions and impeachment, would need to decide whether to hear oral arguments.
Sponaugle, who is a lawyer in Franklin, filed the lawsuit as a citizen. He contends Governor Justice has not lived up to the state Constitution’s requirement to live at the seat of government.
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. He 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.
Governor Justice has maintained the position that he doesn’t need to live near the Capitol to be effective at his work.
“If you knew what all I did, how much I’m here and how much I’m going all over the place and everything, I use this mansion as it needs to be used,” Justice said, responding to a question about the initial lawsuit in late August.
“I mean, I use it as my residence or my place of doing business or whatever, for what it needs to be used, for whatever I’m trying to get done. I don’t use it as a perk. You know, and I don’t want to use it as a perk. I just don’t want to do that.”
Sponaugle’s lawsuit contends the case is about governor’s oath to uphold his constitutional obligations.
The lawsuit also asserts there’s been a practical effect of the governor not living at the seat of government. Sponaugle contends the governor is out of touch.
“Petitioner is further concerned about who is providing Respondent with his daily reports of state government since he is not present to witness it firsthand and may only be getting reports from one or two individuals that may have a desire to not keep him properly informed for other reasons,” the petition states.
Referring to senior adviser Bray Cary, the petition states, “One of the individuals is a controversial adviser with ties to the oil and gas industry, among other industries, that Respondent relies on significantly and possibly exclusively to provide him with an update on state government.