×

W. Va. Senate files petition for rehearing on Workman case

CHARLESTON — The West Virginia Senate is calling on the state Supreme Court of Appeals to fix a decision that has caused a constitutional crisis between the legislative and judicial branches.

Attorneys for the Senate filed a petition for rehearing Nov. 5 after an all-appointed circuit judge panel filling in for the justices ruled that the impeachment trial against Chief Justice Margaret Workman must stop.

The Senate argues the court misread the impeachment clause in the state constitution when it ruled the Legislature didn’t follow its rules of procedure when the House adopted 11 articles of impeachment Aug. 13 against Workman, justices Allen Loughry and Beth Walker and former Justice Robin Davis.

The acting justices ruled in a 3-2 decision Oct. 12 that the impeachment of Workman violated the separation of powers and lawmakers did not have the authority to decide on the legality of the court’s policies. The Senate had 30 days from the date of the decision to file a motion for a rehearing.

In his brief, Senate attorney J. Mark Adkins argues the court’s October opinion tried to find jurisdiction where none exists in order to rule against the impeachment process — an exclusive authority of the Legislature.

“The opinion’s most consequential holding is that the impeachment clause’s ‘plain language’ provides this court with original jurisdiction to review ‘the action or inactions of the Court of Impeachment,'” Adkins wrote.

In its opinion, the court said the “Law and Evidence” clause in article 4 section 9 of the state constitution gives it authority to rule that the House didn’t follow the law when it didn’t include a finding of fact or vote on all the impeachment articles as required by a resolution passed in June. Adkins argues the clause only pertains to the oath taken by senators when acting as the Court of Impeachment.

“The clause is no way subjects the Court of Impeachment — as a body — to judicial oversight,” Adkins said. “The word ‘shall’ refers only to each senator’s duty to take an oath to do justice.”

The petition also points out numerous times that the Senate was the wrong party for Workman to sue, since it was the House that impeached her. Adkins said the court’s omission from the writ of prohibition warrants a new hearing.

“Those actions were, of course, not taken by the senate, the Court of Impeachment, or by any individual senator,” Adkins said. “They were exclusively actions of the House of Delegates.”

Workman’s impeachment trial was originally scheduled for Oct. 15. The ruling by the appointed supreme court also halted the impeachment trials of Davis and Loughry.

Walker, the only justice to face an impeachment trial, was acquitted Oct. 2 by the Senate of her only impeachment article and she was censured by the Senate. She will become the court’s next chief justice next year.

NEWSLETTER

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *
   

Starting at $4.39/week.

Subscribe Today