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Justice Armstead distances himself from candidate’s ad

CHARLESTON — A justice of the West Virginia Supreme Court of Appeals asked for a TV ad by a Republican candidate for state Senate be pulled for including images of himself without approval.

Justice Tim Armstead released a statement to media Friday afternoon asking Mike Stuart, an attorney and former U.S. Attorney running as a Republican in the 7th Senatorial District, to remove TV ads in the Charleston media market that include images of himself and Stuart together.

“I did not know the photograph in which I am included would be used in the ad before it began running,” Armstead said. “Because it may be viewed by some that the inclusion of my photograph in the ad is an endorsement, I have previously asked Mike Stuart to remove the photo or discontinue running the ad with the photo included.”

The TV ads, which could be seen as of Friday morning, show images of Stuart and Armstead walking together along with a police officer and a deputy sheriff with the words “fights corruption” over the still image.

Canon 4.1 of the Code of Judicial Conduct prohibits judges and candidates for judicial offices from publicly endorsing or opposing a candidate for any public office.

“The conduct of judges in West Virginia is governed by the Code of Judicial Conduct,” Armstead said. “I am not permitted to, and am not, publicly endorsing or opposing any candidate in any race.”

Armstead’s statement came after state Sen. Ron Stollings, D-Boone, announced earlier Friday that he would file complaints against Stuart and Armstead with the state Supreme Court’s Judicial Investigation Commission, Secretary of State, and the Lawyer Disciplinary Board regarding the ad. Since being replaced by President Joe Biden as U.S. Attorney in 2021, Stuart has worked as an attorney with the Dinsmore and Shohl law firm in Charleston.

“Mike Stuart’s use of Tim Armstead’s image in his ad is misleading to the public,” said Ryan Frankenberry, executive director of the West Virginia Democratic Party. “Mike Stuart is a corporate attorney and the former U.S. Attorney who is well versed in the law. Yet, he will participate in unethical conduct and illegal acts to win a seat in the State Senate – even at the costs of the reputation of West Virginia’s Supreme Court.”

In a statement Friday afternoon, Stuart defended the ad, saying that the ad did not violate any rules.

“It’s a terrific ad,” Stuart said. “My liberal opponent is desperate — his 16 years as a career politician are drowning and he’s clutching for anything to save his floundering campaign. The WVSOS says the ad is fully compliant. It is. We are proud of the ad.”

The 7th Senatorial District traditionally includes Lincoln, Logan, and Boone counties, but the Legislature added southern Kanawha County during last year’s redistricting special session. Stollings, a physician based in Madison, was first elected to the district in 2006. He also ran as an unsuccessful candidate for governor in the 2020 Democratic primary.

Stuart, who resides in Alum Creek in Kanawha County, served as U.S. Attorney for the Southern District of West Virginia after being appointed by former president Donald Trump in 2017. He previously served as state chairman for the Trump 2016 campaign, a former chairman of the West Virginia Republican Party, and leader of the now-defunct West Virginia Conservative Foundation.

Stuart has been criticized for broadcast ads in the past. According to invoices obtained in 2020 by the West Virginia chapter of Americans for Prosperity after threat of a lawsuit, the U.S. Attorney’s Office under Stuart spent nearly $90,000 on radio ads, including ads advocating against state-level legislation. Two emails obtained as part of the Freedom of Information Act request indicated that the Executive Office for United States Attorneys had concerns with the PSAs coming from Stuart’s office.

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

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