West Virginia Supreme Court to hear case over delegate appointment
Trending
CHARLESTON -- The West Virginia Supreme Court Appeals agreed Thursday to an expedited hearing to determine whether Gov. Jim Justice wrongly appointed a delegate and ignored a list of nominees by a county committee.
The state Supreme Court issued an order and rule to show cause in a mandamus case brought by the Wayne County Republican Executive Committee asking the court to require Justice to choose a replacement for former delegate Derrick Evans from a list of three qualified candidates sent to the governor on Jan. 14.
"Upon review of the petition and motion to expedite, the court is of the opinion to, and does, grant the motion," according to the order from the high court released by John Bryan, attorney for the Wayne County REC.
The Supreme Court scheduled the case for oral argument on Tuesday, Feb. 9, at 2 p.m., just one day before the 2021 legislative session resumes and Justice gives his State of the State speech. The court ordered the Governor's Office to file a response to the Wayne County REC complaint by Monday, Feb. 1.
The order also prevents Kenova resident Joshua Booth from taking any legislative action until the Supreme Court renders a decision in the case. Booth has not been sworn in as of Thursday.
"The issuance of this rule to show cause stays any and all legislative action by any person appointed by (Justice) to the West Virginia House of Delegates to fill the vacancy created by the resignation of the delegate from the 19th Delegate District until final resolution of this matter," the order stated.
Justice appointed Booth on Wednesday to the seat held by former delegate Evans, who resigned Jan. 9 after being charged by federal authorities for allegedly filming himself taking part in the Jan. 6 attack on the U.S. Capitol Building.
While the order made no reference to any other justice, the order noted that Justice Bill Wooten declined to grant the motion for an expedited hearing or agree to oral arguments, "considering the action moot."
According to state code, the Wayne County REC had 15 days from the time of Evans' resignation to select three qualified individuals to submit to Justice, who had five days after receiving the list to name one of the three to replace Evans. The committee selected Wayne County residents Mark Ross, Chad Shaffer and Jay Marcum.
But Roman Stauffer, acting chairman of the West Virginia Republican Party, submitted a letter of his own on Jan. 22. The lists were similar, but Stauffer's list switched out Marcum's name with Booth's.
Booth is the vice president of Highway Safety Inc., which specializes in traffic control devices, signage, and highway striping. The company is a vendor with the state, receiving more than $2 million in payments from the Division of Highways between July 2019 and June 2020.
Justice said Wednesday that his advisors believe that the letter submitted by Stauffer is the legal list and that he feels comfortable with the selection of Booth.
Steven Allen Adams can be reached at sadams@newsandsentinel.com