by Ron Gregory
ronjgregory@gmail.com
CHARLESTON – In a decision that may have taken less time that actually filing for office, the appointee-dominated West Virginia Supreme Court of Appeals has approved the candidacies of former House Speaker Tim Armstead and Representative Evan Jenkins for supreme court justice.
An order entered this afternoon says the court considered the issues regarding the two candidates in a consolidated manner. They say the justices considered the petitions, responses and oral arguments of the parties, which were set for 10 a.m., this morning.
Specifically, the court order says the justices are of the “opinion that these matters should be dismissed as improvidently granted inasmuch as, after mature consideration of the matters presented, the court finds there is no clear right to the relief sought by the petitioners.”
The petitioners in the matters were Clay attorney Wayne King and Charleston lawyer William Schwartz. King ran for supreme court in the May primary and lost. Schwartz is running to fill an unexpired seat at present. Both King and Schwartz sought orders from the court forcing Secretary of State Mac Warner from placing either Armstead or Jenkins on the November ballot, where both are seeking to serve out unexpired terms.
The original motions also sought to prohibit Governor Jim Justice from appointing either to temporary positions on the court.
The court has been in nearly constant turmoil since federal and state investigations were undertaken months ago. The investigations have led to the indictment of Justice Allen Loughry, who is also suspended from the bench. Justice Paul Farrell, a Cabell County circuit judge, is sitting in for Loughry.
Justice Menis Ketchum resigned after agreeing to a plea with the federal government for misuse of public resources. Justice Robin Davis resigned shortly before the state house of delegates issued impeachments charges against her stemming from the same investigations. The two remaining justices, Chief Margaret Workman and Justice Elizabeth Walker, were disqualified from the cases, are also under impeachment charges by the house.
In addition to Farrell, Judges Russell Clawges, Timothy Sweeney, H. Charles Carl and R. Craig Tatterson presided over the case by temporary assignment.