Stand-ins to decide who sits on West Virginia Supreme Court

US Legal News

A group of judicial stand-ins representing West Virginia's Supreme Court was hearing challenges Monday to GOP Gov. Jim Justice's appointments of two Republican politicians to replace two departed justices.

Democrats have called the impeachments that imploded the state's highest court an unprecedented power grab by the West Virginia GOP. One of the petitions being heard on Monday says the choice of U.S. Rep. Evan Jenkins and ex-House speaker Tim Armstead violates "the clear will of the voters" who elected Democrats to their spots on the bench.

Justice appointed Jenkins and Armstead — who resigned as speaker of the House of Delegates in anticipation of his move to the court — to serve until a Nov. 6 special election in which both men are candidates.
 
Also on the November ballot is attorney William Schwartz, whose petition seeks to stop Jenkins and Armstead from temporarily serving on the court. His petition also accuses Jenkins of being ineligible because he hasn't actively practiced law recently. The state constitution requires justices to be admitted to practice law for at least 10 years prior to their election.

Jenkins and Schwartz are seeking to serve the remainder of retired Justice Robin Davis' term through 2024, while Armstead hopes to finish the term of retired Justice Menis Ketchum through 2020. Both Davis and Ketchum were elected as Democrats.

Ketchum resigned before the Republican-led House voted to impeach the remaining four justices. Davis then resigned in time to trigger an election for the remainder of her term. The others await Senate impeachment trials next month, including Allen Loughry, who is suspended, and Margaret Workman and Beth Walker, who recused themselves from hearing these petitions. Temporary Chief Justice Paul T. Farrell then appointed four circuit judges to hear the challenges.

According to Schwartz's petition, Jenkins voluntarily placed his West Virginia law license on inactive status in 2014 after he was elected to the U.S. House. But Jenkins said he's been admitted to practice law in the state for more than three decades. According to the bylaws of the State Bar, an inactive status means members are admitted to practice law but aren't taking clients or providing legal counseling.

Related listings

  • Rock icon Cliff Richard wins UK High Court privacy case

    Rock icon Cliff Richard wins UK High Court privacy case

    US Legal News 07/19/2018

    British rock icon Cliff Richard has won his privacy case against the BBC for its coverage of a police raid at his home and has been awarded more than 200,000 ($260,000) in damages.Richard had sued the broadcaster for its coverage of the 2014 raid, wh...

  • For new Supreme Court justice, a host of big issues awaits

    For new Supreme Court justice, a host of big issues awaits

    US Legal News 07/01/2018

    Justice Anthony Kennedy's successor will have a chance over a likely decades-long career to tackle a host of big issues in the law and have a role in shaping the answers to them.Most court-watchers and interest groups are focused on abortion and whet...

  •  Lawsuit seeks lawyer access to immigrants in prison

    Lawsuit seeks lawyer access to immigrants in prison

    US Legal News 06/22/2018

    A rights group filed an emergency lawsuit in federal court Friday against top officials of U.S. immigration and homeland security departments, alleging they have unconstitutionally denied lawyers' access to immigrants in a prison in Oregon.Immigratio...

Victorville CA DUI Lawyers - Drunk Driving Defense Attorney

The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.

If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case.

The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.

Our Victorville CA DUI defense attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you.

Business News

Indianapolis Personal Injury Law Firm Williams & Piatt are devoted to fighting for the injured. We represent people who have been injured
Criminal Defense Lawyers in Surry County. If you are charged with a criminal offense, please consult with an attorney. >> read