W.Va. House, Senate Democratic leaders call for advisory opinion on state auditor
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CHARLESTON - Leaders in the Democratic caucuses of the West Virginia House of Delegates and state Senate have formally asked GOP legislative leadership to seek a legal ruling from the Attorney General's Office regarding recent actions by State Auditor Mark Hunt.
In a letter sent Tuesday to House Speaker Roger Hanshaw, R-Clay, and Senate President Randy Smith, R-Preston, the House and Senate Democratic caucuses asked for legislative leadership to request an advisory opinion from Attorney General J.B. McCuskey regarding the legality of Hunt's execution of nine delinquent property tax deeds on behalf of a friend and former employee of the State Auditor's Office.
In the letter, Democratic lawmakers ask that the following issues be addressed: whether Hunt had the authority under state code to execute the nine deeds, whether the deeds could be executed by the State Auditor's Office after the 120-day statutory deadline, whether the law provides the auditor with broad authority, whether the law prohibited the execution of the deeds on behalf of someone who was also employed by the State Auditor's Office, and what remedies are available to affected property owners.
"The State Auditor's Office exists to root out corruption, not to practice it," the minority caucus wrote to Hanshaw and Smith. "Thousands of tax deeds pass through that office every year, and the Auditor's handling of these deeds jeopardizes the appearance of an office that is meant to protect property rights and that must not be rigged for political insiders. The Legislature should seek the opinion of the Attorney General to determine whether or not the Auditor has operated within the bounds of state law."
According to documents obtained earlier this week through a Freedom of Information Act request from the State Auditor's Office and previously reported by West Virginia Watch, Hunt personally signed nine delinquent property tax deeds last year on behalf of MAPA Inc., a real estate company owned by Patricia Johns, the wife of Robert L. Johns, a Charleston attorney, land developer, friend, and former paid consultant to the auditor's office in 2025.
All nine deeds were executed past the 120-day statutory window mandated by West Virginia code and without a circuit court order. The deeds are also supposed to be signed by the deputy commissioner of delinquent and nonentered lands and not by the auditor, but only these nine deeds have been signed by Hunt personally. One of the nine transferred properties Patricia Johns' MAPA purchased had been owned by NAJ LLC, an entity listing Robert L. Johns as a member and organizer.
Some Republican lawmakers have accused Hunt of violating the laws governing the process for the sale of properties for delinquent taxes, including calling for further investigations and even his resignation. Hunt has said in media reports he did nothing wrong and maintained authority to sign deeds, and accused the Land Division under the previous state auditor - McCuskey - of being in disarray. McCuskey has denied any issues in the Land Division during his tenure.
This is one of several issues that have come to light since Hunt - a former Democratic member of the House of Delegates who later switched to Republican and served half of a four-year term in the state Senate before succeeding McCuskey as state auditor - first took office. WV MetroNews reported last month that a federal grand jury has sought documents from the State Auditor's Office, though Hunt has said he has not been informed if he is a target of the investigation.
At the end of last year, Hunt hired Senate President Pro Tempore Jay Taylor, R-Taylor, as an employee despite the state constitution banning lawmakers from being appointed to any state department or agency, something about which the Attorney General's Office advised Hunt.
In 2025, Hunt hired Caiden Cowger, a Republican political operative and lobbyist, as a part-time employee for the auditor's office. Cowger was still acting as a lobbyist during his brief employment despite state law prohibiting will-and-pleasure executive branch employees from engaging in lobbying activities during their employment.