Sun Sentinel Broward Edition

Spending scandal rocks W.Va. high court, stirs removal calls

- By John Raby

CHARLESTON, W.Va. — A $42,000 antique desk. A $32,000 blue suede sectional sofa. A $7,500 inlaid wooden floor map of West Virginia’s 55 counties.

A scandal involving lavish office renovation­s and other financial abuses by the highest court in one of the poorest states in the country has triggered an extraordin­ary move by one branch of government to essentiall­y fire another.

The West Virginia House of Delegates on Monday impeached four justices of the state Supreme Court on charges of extravagan­t spending and other misconduct, setting the stage for a Senate trial that could lead to their removal.

One of those justices retired Tuesday, averting the prospect of sitting through a proceeding that is sure to explore the justices’ fancy tastes in embarrassi­ng detail.

And the court’s fifth member retired under pressure last month.

Some Democrats have decried the impeachmen­t drive against the elected justices as a power grab by the Republican-controlled House and Senate, strategica­lly timed to allow GOP Gov. Jim Justice to name their temporary replacemen­ts.

Republican Delegate John Shott, who oversaw the House Judiciary Committee hearings that drew up the articles of impeachmen­t, said the court’s spending of more than $3 million in office renovation­s earlier this decade came at a time when the state was struggling so hard it made tens of millions of dollars in budget cuts.

Justice Robin Davis, who has identified herself as a Democrat even though justices are elected in nonpartisa­n races, spent $500,000 in upgrades to her office alone — the kind of money it would take most West Virginians a decade or more to earn.

“Like the vast majority of you and many West Virginians, I find many of these purchases offensive,” Delegate Chad Lovejoy, a Democrat, said during the House debate. “I find them to be outrageous.”

According to the U.S. Census Bureau, 17.9 percent of West Virginians live in poverty, the fifth-worst rate in the nation. The state’s median household income is near the bottom at $43,385, or about $14,000 below the national figure.

But some Democratic lawmakers worry that their GOP colleagues might be exploiting the opportunit­y to take control of a branch of government that is supposed to be chosen by the voters.

“We’re taking away from the people,” said Democratic Delegate Barbara Evans Fleischaue­r.

Tuesday was an important deadline: Any justice who left or was removed by that date would be replaced by way of a special election in November. After that, any vacancies on the court would be filled by the governor.

Davis announced her retirement Tuesday rather than face a Senate trial. Most of the money spent in her office went costs.

There also was $28,000 spent for rugs, $23,000 in design services, an $8,100 desk chair and $1,600 on art.

Justice Allen Loughry rang up $363,000 in office renovation­s, including the blue suede sofa; $16,000 for eight chairs; $6,400 for window treatments; a $2,500 coffee table; $7,500 for the floor map of West Virginia with a different colored piece of wood for each county; and $1,700 for throw pillows.

He also had the stateowned antique desk moved into his home and drove a state car to book signings.

Loughry, who wrote a 2006 book chroniclin­g West Virginia political corruption, was suspended earlier in the year and has pleaded not guilty to 23 charges in a federal corruption indictment.

The Senate trial of Loughry, Chief Justice Margaret Workman and Justice Beth Walker has yet to be scheduled.

The retired fifth justice, Menis Ketchum, has agreed to plead guilty in federal court to a charge related to the personal use of state cars and fuel cards.

Under the West Virginia Constituti­on, the Supreme Court essentiall­y sets and controls its own budget. for constructi­on

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