Ad Hoc Supreme Court Rules Davis, Loughry Impeachment Trials Also Blocked

Oct 25, 2018

A temporary bench of the West Virginia Supreme Court of Appeals has issued an order that effectively halts pending impeachment trials for two other justices of the state’s high court. The order follows an opinion that blocked the impeachment trial of Chief Justice Margaret Workman.

The ad hoc bench wrote Thursday, Oct. 25, that motions made by retired Justice Robin Davis and suspended Justice Allen Loughry were “not necessary.” Those motions sought to extend a writ of prohibition -- the court issued to stop Workman’s impeachment trial from moving forward -- to their own respective trials.

Workman filed suit with the state Supreme Court challenging her impeachment for the overpayment of senior status judges and failing to provide administrative oversight of the court.

 

The court ruled that the House of Delegates failed to follow proper procedure by sending articles of impeachment to the Senate in lieu of a resolution. They also said that certain articles of impeachment were unconstitutional and violate the separation of powers doctrine.

The Thursday order states that Workman’s case is closed and implies that the original opinion applies to Davis and Loughry.

The temporary court wrote Thursday that the original decision “is the law of the State.”

Davis retired one day after the House or Delegates impeached her. Loughry was convicted this month on 11 counts of federal charges, including fraud, witness tampering and making false statements. He has yet to resign from the bench.