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CHARLESTON -- The Office of Gov. Jim Justice issued its response to the lawsuit over the process involved in selecting the next Republican lawmaker from Wayne County.
The West Virginia Attorney General's Office filed a response Monday to a lawsuit filed by the chairman of the Wayne County Republican Party with the state Supreme Court of Appeals.
Wayne County Republican Executive Committee Chairman Jeff Maynard is asking the court to order Justice to appoint a replacement for former Republican House of Delegates member Derrick Evans from a list of three nominees submitted by the county on Jan. 14.
Instead, Justice selected Kenova resident Joshua Booth last Wednesday to represent the two-member 19th House District from a list of three names submitted by the West Virginia Republican Party and signed by Maynard on Jan. 22. The 19th District encompasses nearly all of Wayne County.
Deputy Attorney General Curtis Capehart, responding to the lawsuit on behalf of the Governor's Office, said the issue hinges on the meaning of "executive committee." Maynard argues that the letter sent by the Wayne County REC Jan. 14 is the valid letter. Capehart said the Jan. 22 letter is the valid one because it followed the bylaws of the state Republican Executive Committee and came on behalf of the 19th District's executive committee.
State code states that nominees for vacancies in the Legislature must come from party executive committees. The committee must submit a list of three qualified individuals within 15 days of the vacancy to the governor, otherwise the governor can pick a suitable person on his own after 15 days. In the case of the House of Delegates, the list of names comes from the "party executive committee of the delegate district" where the resignation occurred.
Capehart argues that the first letter submitted was invalid because it came from the county party executive committee and not through the state party and delegate district.
"Statute states that it is the executive committee of the 'delegate district' -- not the executive committee of the county -- that shall submit the list of three names for the governor's consideration," Capehart wrote. "This geographic distinction is key and is consistent across the code's process to fill vacancies in the House of Delegates and in the Senate."
Besides not following state law, Capehart said the county committee ignored state party bylaws that require the involvement of the state party chairperson. The bylaws require the letter to come from the state party with the state party's letterhead and the signature of the state party chairman, the chairperson and secretary of the specific delegate district.
"The county committee letter was not a proper submission on its face as it was from the Wayne County Executive Committee, and it was signed by only (Maynard) -- not the other two individuals required by the Republican Party's own bylaws to certify a list of nominated candidates to replace Evans."
A response brief filed by the West Virginia Republican Party on Monday afternoon largely makes the same points as the Governor's response. The state party, which filed last week to intervene in the case, argues that any ruling in favor of Maynard would have negative effects on future vacancy decisions and the bylaw authority of the party as a whole.
Evans resigned Jan. 9 two days after being charged by federal investigators for allegedly recording himself breaking into the U.S. Capitol Building with hundreds of supporters of former president Donald Trump in order to prevent Congress from certifying the 2020 election in favor of President Joe Biden.
Evans' attorney, John Bryan, is also representing Maynard in the mandamus case against Justice. The state Supreme Court will hear oral arguments in the case Tuesday, Feb. 9, at 2 p.m., one day before the Legislature reconvenes for the 2021 legislative session.
Steven Allen Adams can be reached at sadams@newsandsentinel.com