W.Va. justice retiring to set vote

CHARLESTON, W.Va. — A Democratic West Virginia Supreme Court justice announced her retirement Tuesday, just hours after her impeachment and before a deadline to hold a special election for her replacement rather than having the Republican governor name her successor.

Justice Robin Davis announced her departure Tuesday at the state Capitol, saying the citizens of West Virginia now “will be afforded their constitutional right to elect my successor in November.”

The House of Delegates voted Monday to impeach all four remaining justices over lavish office renovations and other spending issues, sending them to the Senate for trial. Both the House and Senate are controlled by Republicans.

Davis called their impeachment a travesty of justice and an unabashed move by one branch of government to take over another.

Another justice, Menis Ketchum, retired earlier this year.

Chief Justice Margaret Workman and Justice Beth Walker announced separately Tuesday afternoon that they won’t resign.

Democrats have complained that while they wholeheartedly agreed with the impeachment of Justice Allen Loughry, who has been indicted on more than 20 federal charges, they question impeaching others for wasteful spending. Some have said that impeachment should be reserved for such transgressions as lying, cheating or stealing.

The 62-year-old Davis, was impeached for improperly spending $500,000 in office renovations, among other allegations.

Her retirement was effective Monday.

“I deliver this statement

today in dismay, disbelief and in sadness,” Davis said. “I feel profound grief for the state of West Virginia given the current state of affairs. What we are witnessing is a disaster for the rule of law, the foundation of our state and indeed, our own society. For when a legislative body attempts to dismantle a separate branch of government, the immediate effect as well as the precedent it sets for the future can only be deemed disastrous.”

The retirement means Davis will avoid a Senate trial to remove her from office.

“We appreciate and respect the decision of Justice Davis to step down from the West Virginia Supreme Court...,” Senate President Mitch Carmichael said in a statement. “We thank Justice Davis for the years of service she gave to the State of West Virginia, and we wish her well in the future.”