Impeachment focus back on W.Va. court after justice resigns

Legal Compliance

Now that an impeached and suspended West Virginia Supreme Court justice has resigned, lawmakers are turning their attention to a panel of justices that had cut off pending impeachment trials.

After Justice Allen Loughry's resignation, the state Senate wants to revisit an Oct. 11 order halting the Legislature's efforts to impeach three justices as a violation of the separate of power doctrine. The court hasn't scheduled a hearing on the Senate's request.

The panel of acting justices ruled the Senate lacked jurisdiction to pursue Justice Margaret Workman's impeachment trial. The decision also was applied to trials involving retired Justice Robin Davis and Loughry, who had petitioned the court to intervene.
 
Senate President Mitch Carmichael said Monday the focus now is on overturning "this ridiculous, crazy decision by the appointed Supreme Court that just breaks every judicial canon. It is a ridiculous decision that has far-ranging implications for the separations of powers."

Carmichael said the Senate's view on the court's earlier decision is that the court can't decide whether one of its members can be impeached.

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