In a step toward a Republican-engineered coup of an entire branch of government, the GOP-controlled West Virginia House voted to impeach all four remaining (of five total—more on that shortly) state Supreme Court justices late Monday night.
But in a surprise move Tuesday morning, Democratic Justice Robin Davis announced her resignation just in time to trigger a special election to replace her this November. The crucial timing of her maneuver will help mitigate—but not obviate—Republican lawmakers’ scheme to fill the entire court with GOP appointees. Unless the last three justices follow Davis’s lead by midnight Tuesday, rather than wait until they’re forcibly removed from office by the legislature, Republican Gov. Jim Justice will get to name replacements—who would serve, unelected, through 2020.
How did we reach this appalling pass?
It all started last fall, when reports began to surface that the justices had indulged in exorbitant spending on expensive furniture amid lavish renovations of their chambers (in the neighborhood of $700,000 for things like fancy couches, elegant flooring, and pricey rugs).
These extravagant refurbs spurred the state’s legislative auditor to investigate the court. The resulting audits revealed some other shady stuff, like judges taking state-owned furniture home with them, improperly driving state vehicles for personal use, and assorted budget shenanigans.
Fast forward to June, when prosecutors indicted Republican Justice Allen Loughry on state and federal charges (54 in all!) of fraud, witness tampering, making false statements, and more. He was swiftly suspended from the bench, but he refused to resign. His suspension gave Democrats an ostensible one-seat majority on the court. (Republicans made elections for the state Supreme Court officially nonpartisan after they took control of the legislature in 2014.)
Then, in early July, Democratic Justice Menis Ketchum announced his resignation, although he faced no criminal charges or formal allegations of ethics violations at the time. (He did later plead guilty to one count of fraud.) In fact, he had already repaid the state more than $1,700 for personal trips and $2,000 for a grandfather clock owned by the state he’d been keeping in his home.
If impeachment proceedings had been concluded by Aug. 14, the resulting vacancies on the court would have been on the ballot this November, and West Virginia voters would have the chance to elect new justices.
But why would the GOP-controlled legislature want that when foot-dragging would let them game the state’s election deadlines and allow the Republican governor to just appoint the replacements himself?
Just this past Wednesday, Republicans in the legislature finally got around to passing 14 articles of impeachment against all four remaining justices, and the full House convened Monday to consider the matter. Lawmakers approved 11 of the articles (mostly along party lines), but now a trial has to be conducted by the (also GOP-controlled) state Senate.
So by waiting until August to start proceedings, Republican lawmakers virtually guaranteed that the impeachment process couldn’t wrap up by the Aug. 14 deadline. And if the state Senate votes to remove the remaining three justices (one Democrat and two Republicans, including the indicted Loughry), replacement GOP appointees would get to serve two years on the bench before facing voters.
Note that prior to this entire debacle, Democrats held a three-to-two majority on the Supreme Court.
But just in case you think this is anything but a brazen Republican attempt to usurp an entire branch of government through GOP appointments, consider this: A Democratic member of the House attempted to initiate impeachment proceedings back in February—which would have left plenty of time to resolve the matter and place judicial candidates on the ballot this fall.
GOP leadership refused, calling the move “a political stunt.”
And why entertain timely steps to remove corrupt justices when you can slow your roll and execute a Supreme Court coup instead?
