Former West Virginia justice says he’s in compliance with Ethics Act lobbying prohibition

CHARLESTON -- Evan Jenkins, the former chief justice of the West Virginia Supreme Court of Appeals, said Thursday he is in compliance with state ethics laws meant to stop the revolving door of elected officials becoming paid lobbyists.

In a phone interview Thursday afternoon, Jenkins said his testimony on behalf of Petersburg-based American Wood Products before the House Banking and Insurance Committee on Wednesday and during a public hearing before the House Judiciary Committee on Thursday morning was allowed under the West Virginia Ethics Act.

"I am in full compliance with the law," Jenkins said. "I am not a registered lobbyist and I am fully allowed under the law to appear like any other citizen before a committee and before a public hearing. I've not engaged in any activity that would violate the law."

According to media reports, Jenkins testified before the House Banking and Insurance Committee on Wednesday on House Bill 4394, which would reaffirm and enhance the workers compensation exclusive remedy rule or doctrine. If passed, the bill would prevent workers injured on the job or their families from seeking any other damages in court other than what workers compensation would cover.

During a public hearing on the bill held Thursday morning by the House Judiciary Committee, Jenkins advocated for the passage of HB 4394.

"I announced my departure from the Supreme Court to work on behalf of improving West Virginia's business climate and attracting jobs and keeping jobs in our state. That's exactly what 4394 does," Jenkins said. "This puts us on a level playing field … and making sure that we can compete and we can grow jobs in our state."

The West Virginia Ethics Commission confirmed Thursday that Jenkins was not registered as lobbyist. The state Ethics Act requires an individual being paid by a client to advocate for or against legislation or administrative rules or who spends more than $150 per year on public officials to register as a lobbyist with the Ethics Commission.

State Code also prevents state elected or appointed officials from lobbying for at least one year after leaving office or resigning. House Bill 2464, passed in 2011, prohibits members of the Legislature, elected members of the Board of Public Works, will and pleasure employees of the Legislature and executive branch, department cabinet secretaries, heads of state agencies, and members of the Supreme Court of Appeals from registering as lobbyists.

The law, sometimes known as the Puccio rule, is named for Larry Puccio, who served as chief of staff to former governor Joe Manchin until January 2010, becoming a paid lobbyist a week after resigning.

However, State Code states that individuals who limit their lobbying activities to appearing before legislative committees or public hearings are exempt from registering as lobbyists with the Ethics Commission. Jenkins said he consulted with the Ethics Commission before taking on Allegheny Wood Products as a client.

"I reached out to Kim Weber, the executive director of the Ethics Commission," Jenkins said. "I told her exactly that I had a client, my client had legislation they were interested in, and was I allowed to appear before a legislative committee or appear at a public hearing? And she responded that yes, you can."

Jenkins announced earlier this month that he would step down from the state's highest court effective Feb. 6. Five days later, it was announced that Jenkins would join Jenkins Fenstermaker PLLC, a law firm based in Huntington and founded by Jenkins’ grandfather and where he first worked after graduating law school.

Jenkins' focus at the firm is state and federal government relations. Jenkins has previous experience with lobbying, once working as general counsel for the West Virginia Chamber of Commerce and as executive director of the West Virginia State Medical Association.

Jenkins is a former member of the West Virginia House of Delegates and state Senate. Formerly a Democrat, Jenkins switched to Republican and won election to the U.S. House of Representatives 3rd District in 2014 and was a candidate for U.S. Senate in the 2018 Republican primary, coming in second to Attorney General Patrick Morrisey

Gov. Jim Justice appointed Jenkins to the Supreme Court in 2018, replacing Robin Davis who resigned after being named in several articles of impeachment by the House of Delegates. He won a special election for the seat later that same year to serve the remainder of the 12-year term that is up in 2024.

Several Democratic lawmakers attacked Jenkins on social media for his committee and public hearing appearances.

"Just two weeks ago Evan Jenkins resigned from the WV Supreme Court.," wrote House Minority Whip Shawn Fluharty, D-Ohio. "Today he showed up in the legislature as a LOBBYIST. Truly disgusting."

"(Jenkins) resigned from (the Supreme Court) last week and he's lobbying to protect big business this week," wrote Del. Mike Pushkin, D-Kanawha, the co-chair of the state Democratic Party. "I'd say there ought to be a law but I think there already is."

Jenkins called the statements from Democratic lawmakers a "smokescreen" to distract from discussion of HB 4394.

"This is nothing more than people opposed to this legislation that don't like the message. They want to attack the messenger," Jenkins said. "This is nothing more than a smokescreen because they don't like the message. They should know the law and know I am in complete compliance with the law."

Steven Allen Adams can be reached at sadams@newsandsentinel.com