ARTICLES JUSTICES OF IMPEACHMENT OF THE SUPREME OF WEST 1 Resolved 2 BE IT RESOLVED, by the House FOR COURT OF APPEALS VIRGINIA of Delegates: That, pursuant to the authority granted by the House of Delegates of 3 West Virginia to the House Committee 4 2018,theCommitteeontheJudiciaryrecommendstotheHouseofDelegatesofWestVirginia: 5 THE on the Judiciary in House Resolution 201, dated June 26, THAT, pursuant to the authority granted to the House of Delegates in Section 9, Article IV 6 of the Constitution of the State of West Virginia, that Chief Justice Margaret Workman, 7 Allen Loughry, Justice Robin Davis, and Justice Elizabeth Walker, Justices of the Supreme Court 8 of Appeals 9 neglect of duty, and certain high crimes and misdemeanors of West Virginia, be impeached for maladministration, corruption, committed incompetency, in their capacity and by 10 virtueoftheirofficesasJusticesoftheSupremeCourtofAppealsofWestVirginia,andthatsaid 11 Articles of Impeachment, 12 Delegates,andthatthesameshallbeexhibitedtotheSenateinthefollowingwordsandfigures, 13 to wit: 14 ARTICLES exhibited being fourteen in number, be and are hereby adopted by the House of by the House of Delegates of the State of West Virginia 15 themselves 16 Margaret 17 elected to the office of Justice of the Supreme in the name of and all of the people of the State of West Virginia against: Workman, Justice who was at the general 1 election held in November 2008, duly Court of Appeals of West Virginia 1 and on the 29'h day of December 2 taking 3 Constitution 4 office to the best of her skill and judgment, 5 thereof; 6 Justice 7 Allen 8 elected g and on the 14th day of December the required oath to support of the State of West after having the Constitution Virginia and entered Loughry, entered was to the office taking 1l Constitution the required at the of Justice election of the Supreme of the State of West of the United States discharge the duties upon the discharge of the duties general 2012, oath to support as a Justice 2018, was elevated upon the discharge who duly qualified and faithfully and on the 1 6'h day of February 10 12 2008, held Court the Constitution Virginia of that of Chief and in November of Appeals after having and the of the duties to the position thereof; 2012, of West duly Virginia duly qualified as a Justice of the United States discharge the duties and faithfully by by and the of that office tothe bes51 and judgment, entered upon the discharge ofthe duties 13 thereof; 14 Robin 15 to the office 16 the 13th day of January 17 required 18 of the State ig best of her skill and judgment, 20 and 21 Elizabeth 22 elected 23 and on the 5'h day of December and Davis, who was at the general of Justice oath to support of West Walker, of the Supreme 2013, after Virginia having of the United discharge upon at the general of Justice Court after having 2 2012 of West States and on by taking the and the Constitution the duties held duly elected Virginia as a Justice the discharge election of the Supreme 2016, of Appeals duly qualified and faithfully entered held in November Court the Constitution who was to the office election of that office to the of the duties in November or Appeals duly qualified thereof; 2016 or West duly Virginia as a Justice by 1 taking 2 Constitution 3 office to the best of her skill and judgment, 4 thereof; 5 In maintenance 6 Workman, 7 maladministration, 8 crimes and misdemeanors. the required oath to support the Constitution of the State of West Virginia and faithfully entered discharge and the the duties of that upon the discharge of the duties and and Allen support Loughry, corruption, of their Robin impeachment against Davis, Elizabeth incompetency, That the said Chief Justice Justices of the Supreme Margaret them of duty, Walker for and certain high and Justice Robin Davis, being at all times 10 relevant 11 individually 12 duties of their high offices, 13 theStateofWestVirginiaandfaithfullydischargethedutiesoftheirofficesassuchJustices,while 14 in the exercise 15 andthere,withregardtothedischargeofthedutiesoftheiroffices,commencinginorabout20l2, 16 did knowingly 17 Justice, 18 necessary 19 violation of the statutory limited 20 violation of the provisions of W.Va. 21 an Administrative 22 of W.Va. 23 assist any person to obtain each Chief Justice of the Supreme and contrary of the functions and intentionally to facilitate, Court of Appeals as Chief at each such relevant relating money and at various of West Virginia to the oaths taken by them to support in violation act, and each subsequently maximum Justice severally salary for such to the crime of falsification sign 3 unmindful of the the Constitution and approve certain Senior Judges, in potential which of as Chief the contracts Status Judges overpayment in is a and, in violation violation of accounts to which he was not entitled, times in their capacity and W.Va. Code §51-9-10, Court of Appeals, relevant of their oaths of office, then oversee time, to overpay Code §51-2-13 Order of the Supreme Code §61-3-22, of West Virginia, of the office of Justices, and did in that capacity Margaret I Workman, Court of Appeals and neglect Article 9 of the United States of of the provisions with intent to enable or and in potential violation of the 1 provisions 2 Employees 3 §61-3-24,relatingtothecrimeofobtainingmoney,propertyandservicesbyfalsepretenses,and, 4 all of the above are in violation 5 Code of Judicial Conduct. of W.Va. Code §5-10-45, Retirement System, relating to the crime of fraud against the West Virginia and, in potential violation of the provisions of Canon Article 6 That the said Chief 7 Davis, and Justice 8 Appeals 9 taken by them to support Elizabeth oT West Virginia, Justice Margaret Walker, unmindful of the provisions set forth in W.Va. Code I and Canon II of the West Virginia II Workman, Justice being at all times relevant Allen Loughry, Justices of the duties or their high offices, the Constitution of the State of West Virginia and contrary and faithfully duties 11 Justices, 12 duties of their offices, 13 state funds with little or no concern 14 and lavish spending 15 such as: to remodel 16 personal 17 restaurants,andforframingofpersonalitemsandothersuchwastefulexpenditurenotnecessary 18 fortheadministrationofjusticeandtheexecutionofthedutiesoftheCourt;and,didfailtoprovide 19 or prepare 20 subordinate offices in violation as such Justices, of their oaths of office, did, in the absence for various reasonable administrative A) in the exercise by failing Court of to the oaths discharge of any policy to prevent the of the office or control expenditure, of of the waste for the costs to be borne by the tax payers for unnecessary purposes including, for unneeded and proper of the functions Robin then and there, with regard to the discharge state offices, for large increases use of state vehicles, courts while Justice of the Supreme 40 of their Public supervisory but without limitation, to certain in travel budgets-including computers oversight unaccountable for home use, for regular of the operations to carry out one or more of the following examples, lunches from of the Court and the necessary and proper activities: To prepare and adopt sufficient and Failed thereafter to properly and effective effectuate 4 travel policies prior to October such policy by excepting of 2016, the Justices from said policies, and subjected subordinates and employees to a greater burden than the Justices; B) To report taxable 2s, despite subjected regard, full knowledge such leading To prepare the Justices' home encouraged E) sufficient effective one former F) Justice To provide effective by the Court valuable owned and Regulations, comply W- and further than the Justices, to speedily in this with requests law; auditing of the use of state and policies proper regulating purchasing the proper prior approval for large purchases; office policies which to a lack of record keeping home which on Federal led would govern oversight which and control which has already and the indictment supervision resulted of another and control courts, including, over which in an executed to the information upon Justice. over inventories led directly but not limited with respect of state property to the undetected to, a state-owned owned absence of desk and a state- computer; G) To provide purchases orders, use, supervision property, failed lunches, of property; and subordinate state to obtain and effective computer use of state automobiles, and burden of state statutes failing the conversion To provide to a greater control, violations including Service with applicable supervision, and adopt Revenue of such violation, consistent to multiple use or such cards, D) and employees reporting proper such as car use and regular of the Internal and upon notification To provide cards benefits, subordinates to make C) fringe effective of goods all of which supervision and and control services encouraged utilizing waste 5 over purchasing a system of taxpayer procedures of large funds. which unsupervised directly change I The failure by the Justices, 2 administrativeactivitiesconstituteaviolationoftheprovisionsofCanonlandCanonlloftheWest 3 Virginia Code of Judicial individually and collectively, That the said Justice Allen Loughry, unmindful Ill being a Justice of the Supreme 5 West Virginia, 6 support 7 office as such Justice, 8 his oath of office, then and there, with regard to the discharge 9 aboutJune20,2013,causeacertaindesk,ofatypecolloquiallyknownasa"CassGilbert"desk, the Constitution of the State of West discharge Virginia and faithfully of the functions 1l in his home, where it remained 12 years, in violation 13 furnishings 14 transport 15 state resources 16 2-5,theprovisionsoftheWestVirginiaStateEthicsAct,andconstituteaviolationoftheprovisions 17 of Canon of the provisions capitol from I of the West Virginia Code §29-1-7 the premises; the desk to his home, and refusal and property for personal gain in violation unmindful 20 support 21 office as such Justice, 22 his oath of office, the Constitution of of such desk four and one-half the removal the expenditure of the provisions of original of state of W.Va. funds to the use of Code §6B- Conduct. Article West Virginia, (b), prohibiting further, in violation to return the desk to the state, constitute Code of Judicial That the said Justice Alien Loughry, possession his term as Justice for approximately of W.Va. of his of the duties of his office, did on or from the State Capitol to his home, and did maintain throughout the duties of the office of Justice, to be transported 19 or to the oaths taken by him to 10 18 Court of Appeals of the duties of his high office, and contrary while in the exercise of the state and proper Conduct. Article 4 to carry out these necessary IV being a Justice of the Supreme Court of Appeals of of the duties of his high office, and contrary to the oaths taken by him to of the State of West discharge while in the exercise then and there, Virginia and faithfully of the functions with regard of the office of Justice, to the discharge 6 the duties of the duties of his in violation of his office, of did I beginning in or about December 2 computer equipment and hardware for predominately 3 intended to be connected to the court's network, utilized state resources to install computer 4 access services at his home for predominately 5 provide 6 predominately 7 for personal gain in violation of the provisions of W.Va. Code §6B-2-5, the provisions of the West 8 Virginia State Ethics Act, and constitute a violation of the provisions of Canon I of the West Virginia 9 Code maintenance and repair 2012, intentionally of computer acquired and used state government personal use-including not personal use, and utilized state resources services for his residence personal use; all of which acts constitute the use of state resources of Judicial a computer resulting to from and property Conduct. Article V 10 That the said Justice Allen Loughry, being a Justice of the Supreme Court of Appeals of 11 West Virginia, unmindful of the duties of his high office, and contrary to the oaths taken by him to 12 support the Constitution of the State of West Virginia and faithfully discharge the duties of his 13 officeassuchJustice,whileintheexerciseofthefunctionsoftheofficeofJustice,inviolationof 14 his oath of office, then and there, with regard to the discharge of the duties of his office, 15 beginning in or about December 2012, intentionally acquire and use state government vehicles 16 for personal use; including using a state vehicle and gasoline purchased utilizing a state issued 17 fuel purchase card to travel to the Greenbrier on one or more occasions for book signings and 18 sales, which such acts enriched his family and which acts constitute the use of state resources 19 andpropertyforpersonalgaininviolationoftheprovisionsofW.Va.Code§6B-2-5,theprovisions 20 of the West Virginia State Ethics Act, and constitute a violation of the provisions of Canon I of the 21 West Virginia Code of Judicial did Conduct. Article Vl 22 That the said Justice Allen Loughry, being at all times relevant a Justice of the Supreme 23 Court of Appeals of West Virginia, and at that relevant time individually Chief Justice of the 7 1 Supreme 2 contrary to the oaths 3 faithfully discharge 4 of the office 5 ofthedutiesofhisoffice,didonoraboutMay19,2017,didinhiscapacityasChiefJustice,draft 6 an Administrative 7 Supreme 8 limited 9 W.Va. Court of Appeals taken Code salary §5'l-2-13 unmindful as such Justices, Court to overpay for such and W.Va. certain Judges, Code of the duties the Constitution of his oath of office, of the Supreme of Appeals maximum of his office in violation Order Virginia, by him to support the duties of Justice, Court of West bearing Status §51-9-10; his authorization 11 sections, 12 22, relating 13 obtain money 14 Code §5-10-45, 15 RetirementSystem,and,inpotentialviolationoftheprovisionssetforthinW.Va.Code§61-3-24, 16 relating 17 above 18 Judicial to the crime to which to the crime of falsification he was relating to the crime property of Canon intent against to enable violation the West and services I and set forth Canon of the statutorily of the provisions in W.Va. or assist Virginia §61-3- any person Public pretenses, 11 of the West of was a Code of the provisions by false the to of W.Va. Employees and all of the Virginia Code of Conduct. Article ig with and in potential of fraud money, of the provisions of the provisions of accounts not entitled, of obtaining are in violation violation and of such overpayments violationoftheclearstatutorylawofthestateofWestVirginia,assetTorthinthoserelevantCode an act in potential Virginia authorizing in violation 10 and, was and to the discharge his signature, is a violation offices, of the functions with regard Judges overpayment of West in the exercise then and there, Senior which of the State while or Appeals, of his high That the said Justice 20 West Virginia, 21 support 22 office 23 his oath of office, 2.4 state funds Allen Loughry, being Vll a Justice of the Supreme unmindful of the duties of his high office, and contrary the Constitution of the State of West and faithfully as such Justice, while in the exercise then and there, with little or no concern with regard Virginia of the functions to the discharge for the costs to be borne 8 Court to the oaths discharge of the office taken of his in violation o( his office, of by him to the duties of Justice, of the duties of Appeals of did waste by the tax payer for unnecessary and 4 lavish spending 2 approximately 3 and 4 execution other in the renovation and remodeling $363,000, which sum included such wasteful of the duties expenditure of the Court, not which That the said Justice 6 of West Virginia, 7 to support 8 office 9 her oath of office, Elizabeth unmindful the Constitution for the represents a waste as such Justice, while in the exercise then and there, a Justice administration Virginia or the Supreme and faithfully to the discharge 11 lavish 12 remodeled 13 included, 14 furnishings 15 administrationofjusticeandtheexecutionofthedutiesoftheCourt,whichrepresentsawasteof 16 statefunds. less than seven but is not limited and wallpaper, for the costs to be borne and remodeling years to, the purchase and other That the said Justice Elizabeth such Walker, wasteful a Justice 20 office 21 her oath of office, 22 state funds in the exercise then and there, with little or no concern with regard Virginia and faithfully of the functions to the discharge for the costs to be borne 9 by her the duties or her in violation of did waste had been in items not listed and largely sum as office necessary of the Supreme to support while taken $131,000, which expenditure 19 as such Justice, the for the IX being of West of Appeals which $27,000 ofWestVirginia,unmindfulofthedutiesofherhighoffice,andcontrarytotheoathstakenbyher of the State Court of her office, office, 18 the Constitution and of Justice, of approximately of approximately Article 17 of by the tax payer for unnecessary of her personal to the sum prior, sum of justice discharge of the duties state funds in the renovation the a $33,750 floor, to the oaths of the office 40 spending to or state funds. and contrary of the functions with regard with little or no concern being of West office, Vlll of her high office, of the State personal of a $31,924 couch, necessary Walker, of the duties his the purchase Article 5 of discharge of the office of the duties Court the duties of Justice, of her in violation of her office, by the tax payer of Appeals of did waste for unnecessary and I lavish spending in that she hired outside 2 styled Loans, 3 competent 4 same; such 5 justice and the execution Quicken assistance action Inc. v. Walters, counsel 801 S.E.2d in the form of personal constitutes a wasteful expenditure 7 West Virginia, unmindful 8 support 9 office as such Justice, the Constitution to facilitate not necessary of the duties of the Court, which represents That the said Justice Robin Davis, of the Court, in the case 509, 239 W. Va. 494 (2017), clerks was provided Article 6 to craft a legal opinion and for which the execution of the for the administration of a waste of state funds. X being a Justice of the Supreme Court of Appeals of of the duties of her high office, and contrary to the oaths taken by her to of the State of West Virginia discharge while in the exercise and faithfully of the functions the duties of the office of Justice, of her in violation of 10 heroathofoffice,thenandthere,withregardtothedischargeofthedutiesofheroffice,didwaste 1l state funds with little or no concern 12 lavish 13 approximately 14 that cost approximately $20,500, a desk chair that cost approximately $8,000 and over $23,000 15 in design 16 justiceandtheexecutionofthedutiesoftheCourt,whichrepresentsawasteofstatefunds. spending in the $500,000, services, for the costs to be borne by the tax payer for unnecessary renovation which and remodeling sum included, and other such wasteful Robin expenditure Court of Appeals 19 Supreme 20 contrary to the oaths taken by her to support 2"l faithfully discharge 22 of the office of Justice, of Appeals and at certain of West Virginia, office, to, the purchase to the sum of of an oval rug for the administration of XI relevant unmindful relevant a Justice times individually of the duties the Constitution the duties of his office as such Justice, in violation personal not necessary being at all times 18 Court of West Virginia, Davis, her but is not limited Article That the said Justice of and of the Supreme Chief Justice of the of her high offices, and of the State of West Virginia and while in the exercise of the functions of her oath of office, then and there, with regard to the discharge 10 1 of the duties of her office, did in the year 2014, did in her capacity as Chief Justice, sign certain 2 Forms WV 48, to retain and compensate 3 forms allowed the Supreme Court of Appeals to overpay those certain Senior 4 violation 5 violation of the provisions of W.Va. Code §51-2-13 and W.Va. Code §51-9-10; 6 of such overpayments 7 set forth in those relevant Code sections, and, was an act in potential violation of the provisions 8 set forth in W.Va. Code §61-3-22, 9 enable or assist any person to obtain money to which he was not entitled, and in potential violation of the statutorily certain Senior Status Judges the execution limited maximum salary for such Judges, Status Judges which overpayment in is a her authorization was a violation of the clear statutory law of the state of West Virginia, as relating to the crime of falsification of accounts 10 oftheprovisionsofW.Va.Code§5-10-45,relatingtothecrimeoffraudagainsttheWestVirginia 11 Public Employees 12 W.Va. Code §61-3-24, 13 pretenses, 14 WestVirginiaCodeofJudicialConduct. Retirement System, and, in potential relating to the crime of obtaining violation unmindful set forth in by false of Canon I and Canon II of the Xll That the said Chief Justice Margaret Workman, of West Virginia, of the provisions with intent to money, property and services and all of the above are in violation of the provisions Article 15 of which being a Justice of the Supreme 16 Appeals 17 taken by her to support the Constitution 18 duties of her office as such Justice, while in the exercise of the functions 19 in violation of her oath of office, then and there, with regard to the discharge 20 office, did waste state funds with little or no concern for the costs to be borne by the tax payer 21 unnecessary 22 sum of approximately 23 plankcherryflooring,andothersuchwastefulexpenditurenotnecessaryfortheadministrationof 24 justice and the execution of the duties of the Court, which represents and lavish spending $I11,000, of the duties of her high office, and contrary Court of to the oaths of the State of West Virginia and faithfully discharge the in the renovation and remodeling which sum included, 11 of the office of Justice, of the duties of her for of her personal office, to the but is not limited to, the purchase of wide a waste of state funds. Article 1 That the said Chief Justice of West Virginia, Margaret unmindful Xlll Workman, 2 Appeals of the duties 3 taken by her to support 4 duties of her office as such Justice, 5 in violation 6 office, did waste state funds with little or no concern 7 requiring and encouraging 8 services, some instances 9 campaign workers; 10 of justice and the execution 11 and a violation the Constitution of her high office, of the State of West Virginia while in the exercise of the Supreme and contrary and faithfully of the functions the unnecessary which acts caused of the duties of the provisions the apparent wasteful That the said Justice Margaret expenditure not necessary represents of state funds Conduct. XIV Workman, being at all times relevant 14 oftheSupremeCourtofAppealsofWestVirginia,unmindfulofthedutiesofherhighoffices,and 15 contrary 16 faithfullydischargethedutiesofhisofficeassuchJustice,whileintheexerciseofthefunctions 17 or the office or Justice, 18 of the duties of her office, did in the year 2015, did in her capacity 19 Forms 20 forms 21 violation of the statutorily limited 22 violation of the provisions of W.Va. 23 of such overpayments the Constitution a Justice of the of the State of West Virginia and or her oath of office, then and there, with regard to the discharge WV 48, to retain and compensate the Supreme of for the administration Code of Judicial SupremeCourtofAppealsofWestVirginia,andatcertainrelevanttimesindividuallyChiefJustice allowed and contracting a waste 13 in violation the of political favors to former I and II of the West Virginia to the oaths taken by her to support discharge of the duties of her of employees, repayment of the Court, which of Canons to the oaths for the costs to be borne by the tax payer by hiring and retention of which constituted Court of of the office of Justice, of her oath of office, then and there, with regard to the discharge Article 12 being a Justice certain Court of Appeals maximum Senior Status to overpay those salary Code §51-2-13 was a violation for such and W.Va. of the clear statutory 12 as Chief Justice, Judges certain Judges, sign certain the execution Senior which Code §51-9-10; Status of which Judges overpayment in is a her authorization law of the state of West Virginia, as 1 set forth in those relevant Code 2 set forth in W.Va. Code §61-3-22, 3 enable 4 of the provisions 5 Public Employees 6 W.Va. Code 7 pretenses, 8 West or assist 10 Robin Davis, 11 Virginia, 12 corruption, money System, relating of Judicial And the House of falsification to the crime in potential property Justice Justices high crimes Virginia, saving Workman, 16 Walker, Justices of the Supreme 17 as aforesaid, 18 profferedagainstthem,andofofferingprooftoanyalloftheArticleshereincontained,andevery 19 part 20 exhibited 21 Justice Margaret Workman, 22 Walker, Justices of the Supreme 23 as aforesaid, Justice Allen Court and also of replying Loughry, of Appeals other Article, of Delegates Justice Loughry, of Appeals Justice of West which Robin Virginia set forth in by false II of the 13 Loughry, Justice of Appeals accusation, Justice of West herein the liberty against Davis, Virginia, of West Virginia, Davis, charged which and Justice shall be Elizabeth and collectively, incompetency, against herein that the said Chief individually corruption, Elizabeth unto the Articles do demand Chief and collectively, or impeachment, Robin and rights the said and Justice individually they may make the of maladministration, and misdemeanors Allen Court of Impeachment as the case may require, Allen Court be put to answer high crimes Articles to their answers to all an every and certain the West I and Canon to themselves Margaret may violation and misdemeanors. Justice of duty, any further Justice 15 '.4 hereafter by the said House to and were and are guilty or maladministration, and certain of West Workman, of the Supreme of their offices, of duty, of Delegates Margaret of exhibiting and intent and services of Canon 14 thereof, against of the provisions money, of the provisions with and in potential of fraud violation of the provisions of accounts he was not entitled, or obtaining Walker, neglect at any time and, violation Conduct. the duties incompetency, relating are in violation Elizabeth failed to discharge to which to the crime the said Chief and Justice to the crime §5-1 0-45, and all of the above WHEREFORE, 13 Code Retirement Code and, was an act in potential relating to obtain of W.Va. §61-3-24, Virginia 9 any person sections, them, neglect and that such I proceedings, 2 may be agreeable 3 may require. 4 examinations, We, John and judgments, to the Constitution Overington, J. Harrison, Speaker Pro Tempore and 6 Impeachment proffered by said House of Delegates 7 Justice Loughry, Justice Robin Davis, 8 Supreme 9 adopted Allen Court of Appeals by the House In Testimony 10 Clerk thereof, of West of Delegates Whereof, may be thereupon and the laws of the State 5 1l Stephen trials, do Virginia, certify and of West of the House that the against Justice individually had, and Justice Elizabeth and Virginia, of Delegates above Chief given as and as justice of West foregoing Margaret Walker, collectively, and taken, Virginia, Articles Workman, Justices as aforesaid, of the were on the ---- day of ------------2018. we have signed our names 2018. 14 hereunto, of this the ---- day of ------------