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Hearing scheduled on Gov. Justice’s residency

CHARLESTON — The legal case to determine whether the West Virginia Constitution requires the governor to live in the state capital continues on.

The Kanawha County Circuit Court, the venue for cases brought against the state, scheduled a hearing between Delegate Isaac Sponaugle, D-Pendleton, and attorneys for Gov. Jim Justice for June 5 at 11 a.m. in Charleston. Kanawha County Circuit Judge Charles King will hear motions to dismiss and motions to stay discovery filed by Justice’s legal team.

“The purpose of discovery is to gather facts and information that will reveal the truth in a matter,” Sponaugle said in a statement. “Discovery is about justice, and I don’t mean Jim.”

Sponaugle said that Judge King should dismiss the Justice team’s motion to stay discovery, which he says is Justice’s attempt to avoid turning over documents and other evidence.

“Documents and sworn statements placed into evidence allow for an informed legal opinion,” Sponaugle said. “An example would be, when the governor said in the past month that he has put 114,000 miles on his 13-month-old SUV. That statement and the documents supporting his claim are relevant. They need placed into evidence. A court can get a full picture of how often the governor has resided at the seat of government after that.”

This is the third time that Sponaugle has filed suit over the governor’s residency. The first petition from Sponaugle, an attorney from Franklin who is acting as a citizen, was filed last June in Kanawha County Circuit Court, but it was dismissed because the state was not given a 30-day notice before filing the petition.

The case was re-filed Sept. 18 at the West Virginia Supreme Court of Appeals, which rejected the petition. With the 30-day notice in place, Sponaugle filed suit again in circuit court Dec. 7.

“I believe the reason the supreme court turned down exercising its original jurisdiction is that it wanted the evidence completed before weighing in on it,” Sponaugle said. “It’s easier to do that in a circuit court.”

According to Article 7 of the state Constitution, the executive branch officials that make up the Board of Public Works shall “reside at the seat of government,” which is Charleston. These officials include the governor, secretary of state, auditor, treasurer, commissioner of agriculture and attorney general.

“The governor has taken various positions on the constitutional residency requirement,” Sponaugle said. “It is either slippery like an eel or that it doesn’t apply to him or it’s unenforceable by a court. The ultimate ruling may affect every present and future elected official in state or county government. Whether it be the Board of Public Works, the legislature, judges, county commissioners, sheriffs, etc.”

A request for comment from the law firm representing Justice — Carey, Scott, Douglas and Kessler — was not returned.

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