Article I
That the said Justice Allen Loughry, being a Justice of the Supreme Court of Appeals of
2

West Virginia, unmindful of the duties of his high office, and contrary to the oaths taken by him to

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support the Constitution of the State of West Virginia and faithfully discharge the duties of his

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office as such Justice, while in the exercise of the functions of the office of Justice, in violation of

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his oath of office, then and there , with regard to the discharge of the duties of his office , did waste

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state funds with little or no concern for the costs to be borne by the tax payer for unnecessary and

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lavish spending in the renovation and remodeling of his personal office, to the sum of

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approximately $363,000, which sum included the purchase of a $31 ,924 couch , a $33 ,750 floor

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with medallion, and other such wasteful expenditure not necessary for the administration of justice

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and the execution of the duties of the Court, which represents a waste of state funds.

 Article II
That the said Justice Robin Davis, being a Justice of the Supreme Court of Appeals of
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West Virginia , unmindful of the duties of her high office , and contrary to the oaths taken by her to

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support the Constitution of the State of West Virg inia and faithfully discharge the duties of her

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office as such Justice, while in the exercise of the functions of the office of Justice, in violation of

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her oath of office, then and there , with regard to the discharge of the duties of her office, did waste

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state funds with little or no concern for the costs to be borne by the tax payer for unnecessary and

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lavish spending in the renovation and remodeling of her personal office, to the sum of

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approximately $500 ,000 , which sum included, but is not limited to, the purchase of an oval rug

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that cost approximately $20 ,500 , a desk chair that cost approximately $8,000 and over $23,000

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in design services , and other such wasteful expenditure not necessary for the administration of

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justice and the execution of the duties of the Court, which represents a waste of state funds .

 Article Ill
1

That the said Justice Allen Loughry, being a Justice of the Supreme Court of Appeals of

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West Virginia, unmindful of the duties of his high office, and contra ry to the oaths taken by him to

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support the Constitution of the State of West Virginia and fa ithfully discharge the duties of his

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office as such Justice , wh ile in the exercise of the functions of the office of Justice, in violation of

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his oath of office, then and there , with regard to the discharge of the duties of his office, did on or

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about June 20, 2013, cause a certain desk, of a type colloquially known as a "Cass Gilbert" desk,

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to be transported from the State Capitol to his home, and did maintain possession of such desk

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in his home, where it remained throughout his term as Justice for approximately four and one-half

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years , in violation of the provisions of W.Va. Code §29-1-7 (b), prohibiting the removal of original

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furnishings of the state capitol from the premises; further, the expenditure of state funds to

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transport the desk to his home, and refusal to return the desk to the state, constitute the use of

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state resources and property for personal gain in violation of the provisions of W.Va. Code §6B-

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2-5 , the provisions of the West Virgin ia State Ethics Act, and constitute a violation of the provisions

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of Canon I of the West Vi rginia Code of Judicial Conduct.

 Article IV
1

That the said Chief Justice Margaret Workman , and Justice Robin Davis, being at all times

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relevant Justices of the Supreme Court of Appeals of West Virg inia, and at various relevant times

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individually each Ch ief Justice of the Supreme Court of Appeals of West Virginia unmindful of the

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duties of their high offices , and contrary to the oaths taken by them to support the Constitution of

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the State of West Virg inia and fa ithfully discharge the duties of their offices as such Justices, while

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in the exercise of the functions of the office of Justices, in violation of their oaths of office, then

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and there, with regard to the discharge of the duties of their offices, commencing in or about 2012,

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did knowingly and intentionally act, and each subsequently oversee in their capacity as Chief

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Justice, and did in that capacity as Chief Justice severally sign and approve the contracts

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necessary to facilitate , at each such relevant time , to overpay certa in Senior Status Judges in

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violation of the statutory limited maximum salary for such Judges , which overpayment is a

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violation of Article VIII, §7 of the West Virginia Constitution , stating that Judges "sha ll receive the

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salaries fixed by law" and the provisions of W.Va . Code §51-2-13 and W.Va . Code §51-9-1 0, and ,

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in violation of an Administrative Order of the Supreme Cou rt of Appeals , in potential violation of

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the provisions of W.Va . Code §6 1-3-22 , relating to the crime of falsification of accounts with intent

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to enable or assist any person to obta in money to which he was not entitled , and , in potentia l

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violation of the provisions set fo rth in W.Va . Code §61-3-24, relating to the crime of obta ining

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money, property and services by false pretenses , and , all of the above are in violation of the

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provisions of Canon I and Canon II of the West Virginia Code of Judicial Conduct.

 Article V
1

That the said Justice Robin Davis, being at all times relevant a Justice of the Supreme

2

Court of Appeals of West Virginia, and at certain relevant times individually Chief Justice of the

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Supreme Court of Appeals of West Virginia , unm indful of the duties of her high offices, and

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contrary to the oaths taken by her to support the Constitution of the State of West Virginia and

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faithfully discharge the duties of his office as such Justice, while in the exercise of the functions

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of the office of Justice, in violation of her oath of office , then and there , with regard to the discharge

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of the duties of her office, did in the year 2014, did in her capacity as Chief Justice, sign certain

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Forms WV 48, to retain and compensate certain Senior Status Judges the executi on of which

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forms allowed the Supreme Court of Appeals to overpay those certain Senior Status Judges in

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violation of Article VIII, § 7 of the West Virginia Constitution, stating that Judges "shall receive the

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salaries fixed by law" and the statutorily lim ited maximum salary for such Judges , which

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overpayment is a violation of the provisions of W.Va . Code §51-2-13 and W.Va . Code §51-9-10;

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her authorization of such overpayments was a violation of the clear statutory law of the state of

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West Virginia , as set forth in those relevant Code sections, and, was an act in potential violation

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of the provisions set forth in W.Va. Code §61-3-22, relating to the crime of falsification of accounts

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with intent to enable or assist any person to obtain money to which he was not entitled, and, in

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potential violation of the provisions set forth in W .Va . Code §61-3-24, relating to the crime of

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obtaining money, property and services by false pretenses, and all of the above are in violati on

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of the provisions of Canon I and Canon II of the West Virginia Code of Judicial Conduct.

 Article VI
1

That the said Justice Margaret Workman , being at all times relevant a Justice of the

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Supreme Court of Appeals of West Virgin ia, and at certain relevant times individually Chief Justice

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of the Supreme Court of Appeals of West Virginia, unmindful of the duties of her high offices, and

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contrary to the oaths taken by her to support the Constitution of the State of West Virginia and

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faithfully discharge the duties of his office as such Justice , wh ile in the exercise of the functions

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of the office of Justice , in violation of her oath of office, then and there , with regard to the discharge

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of the duties of her office, did in the year 2015, did in her capacity as Chief Justice, sign certa in

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Forms WV 48, to retain and compensate certain Sen ior Status Judges the execution of which

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forms allowed the Supreme Court of Appeals to overpay those certain Senior Status Judges in

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violation of the statutorily limited maximum salary for such Judges, which overpayment is a

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violation of Article VII I, § 7 of the West Virginia Constitution , stating that Judges "shall receive the

12

salaries fixed by law" and the provisions of W.Va . Code §51-2-13 and W .Va. Code §51-9-10 ; her

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authorization of such overpayments was a violation of the clear statutory law of the state of West

14

Virginia , as set forth in those relevant Code sections , and, was an act in potential violation of the

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provisions set forth in W.Va. Code §61-3-22, relating to the crim e of falsification of accounts with

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intent to enable or assist any person to obtain money to which he was not entitled , and, in potential

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violation of the provisions set forth in W.Va . Code §6 1-3-24, relating to the crim e of obtaining

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money, property and services by false pretenses, and all of the above are in violation of the

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provisions of Canon I and Canon II of the West Virginia Code of Judicial Conduct.

 Article VII
1

That the said Justice Allen Loughry, being at all times relevant a Justice of the Supreme

2

Court of Appeals of West Virginia, and at that relevant time individually Chief Justice of the

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Supreme Court of Appeals of West Virginia , unmindful of the duties of his high offices , and

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contrary to the oaths taken by him to support the Constitution of the State of West Virginia and

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faithfully discharge the duties of his office as such Justices , while in the exercise of the functions

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of the office of Justice, in violation of his oath of office, then and there, with regard to the discharge

7

of the duties of his office , did on or about May 19, 2017, did in his capacity as Chief Justice, draft

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an Administrative Order of the Supreme Court of Appeals , bearing his signature , authorizing the

9

Supreme Court of Appeals to overpay certain Senior Status Judges in violation of the statutorily

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limited maximum salary for such Judges, which overpayment is a violation of Article VII I, § 7 of

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the West Virginia Constitution, stating that Judges "shall rece ive the salaries fixed by law" and

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the provisions of W.Va. Code §51-2-13 and W.Va . Code §51-9-10; his authorization of such

13

overpayments was a violation of the clear statutory law of the state of West Virginia , as set forth

14

in those relevant Code sections , and , was an act in potential violation of the provisions set forth

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in W.Va. Code §61-3-22, relating to the crime of falsification of accounts with intent to enable or

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assist any person to obtain money to wh ich he was not entitled, and , in potential violation of the

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provisions set forth in W .Va . Code §61-3-24, relating to the crime of obtaining money, property

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and services by false pretenses , and all of the above are in violation of the provisions of Canon I

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and Canon II of the West Virginia Code of Judicial Conduct.

 Article VIII
1

That the said Justice Allen Loughry, being a Justice of the Supreme Court of Appeals of

2

West Virginia , unmindful of the duties of his high office, and contrary to the oaths taken by him to

3

support the Constitution of the State of West Virginia and faithfully discharge the duties of his

4

office as such Justice, while in the exercise of the functions of the office of Justice, in violation of

5

his oath of office, then and there, with regard to the discharge of the duties of his office, did

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beginning in or about December 2012 , and continuing thereafter for a period of years , intentionally

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acquire and use state government vehicles for personal use; including, but not limited to , using

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a state vehicle and gasoline purchased utilizing a state issued fuel purchase card to travel to the

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Greenbrier on one or more occasions for book signings and sales, which such acts enriched his

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family and which acts constitute the use of state resources and property for personal gain in

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violation of the provisions of W .Va. Code §68-2-5, the provisions of the West Virginia State Ethics

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Act, and constitute a violation of the provisions of Canon I of the West Virginia Code of Judicial

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Conduct.

 Article IX
That the said Justice Allen Loughry, being a Justice of the Supreme Court of Appeals of
2

West Virginia , unmindful of the duties of his high office, and contrary to the oaths taken by him to

3

support the Constitution of the State of West Virginia and faithfully discharge the duties of his

4

office as such Justice, while in the exercise of the functions of the office of Justice, in violation of

5

his oath of office, then and there, with regard to the discharge of the duties of his office, did

6

beginning in or about December 2012, intentionally acquired and used state government

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computer equipment and hardware for predominately personal use-including a computer not

8

intended to be connected to the court's network, utilized state resources to install computer

9

access services at his home for predominately personal use, and utilized state resources to

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provide maintenance and repair of computer services for his residence resulting from

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predominately personal use ; all of which acts constitute the use of state resources and property

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for personal gain in violation of the provisions of W.Va. Code §68-2-5, the provisions of the West

13

Virginia State Ethics Act, and constitute a violation of the provisions of Canon I of the West Virginia

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Code of Judicial Conduct.

 Article X
That the said Justice Allen Loughry, being a Justice of the Supreme Court of Appeals of

2

West Virginia, unmindful of the duties of his high office, and contrary to the oaths taken by him to

3

support the Constitution of the State of West Virginia and faithfully discharge the duties of his

4

office as such Justice, while in the exercise of the functions of the office of Justice , in violation of

5

his oath of office, then and there , with regard to the discharge of the duties of his office, made

6

statements while under oath before the West Virginia House of Delegates Finance Committee,

7

with deliberate intent to deceive, regarding renovations and purchases for his office, asserting

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that he had no knowledge and involvement in these renovations , where evidence presented

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clearly demonstrated his in-depth knowledge and participation in those renovations, and, his

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intentional efforts to deceive members of the Legislature about his participation and knowledge

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of these acts, while under oath.

 Article XIV
1

That the said Chief Justice Margaret Workman, Justice Allen Loughry, Justice Robin

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Davis, and Justice Elizabeth Walker, being at all times relevant Justices of the Supreme Court of

3

Appeals of West Virg inia, unmindful of the duties of their high offices, and contrary to the oaths

4

taken by them to support the Constitution of the State of West Virginia and faithfully discharge the

5

duties of their offices as such Justices, while in the exercise of the functions of the office of

6

Justices, in violation of their oaths of office, then and there, with regard to the discharge of the

7

duties of their offices, did , in the absence of any policy to prevent or control expenditure, waste

8

state funds with little or no concern for the costs to be borne by the tax payers for unnecessary

9

and lavish spending for various purposes including, but without limitation, to certain examples,

10

such as: to remodel state offices, for large increases in travel budgets-including unaccountable

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personal use of state vehicles , for unneeded computers for home use, for regular lunches from

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restaurants , and for framing of personal items and other such wasteful expenditure not necessary

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for the administration of justice and the execution of the duties of the Court; and, did fail to provide

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or prepare reasonable and proper supervisory oversight of the operations of the Court and the

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subordinate courts by failing to carry out one or more of the following necessary and proper

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administrative activities :

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A) To prepare and adopt sufficient and effective travel policies prior to October of 2016,

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and failed thereafter to properly effectuate such policy by excepting the Justices from

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said policies, and subjected subordinates and employees to a greater burden than the

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Justices;

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B) To report taxable fringe benefits , such as car use and regular lunches, on Federal W-

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2s, despite full knowledge of the Internal Revenue Service Regulations, and further

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subjected subordinates and employees to a greater burden than the Justices, in th is

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regard, and upon notification of such violation , failed to speedily comply with requests

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to make such reporting consistent with applicable law;

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C) To provide proper supervision , control, and auditing of the use of state purchasing

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cards leading to multiple violations of state statutes and policies regulating the proper

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use of such cards , including failing to obtain proper prior approval for large purchases;

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D) To prepare and adopt sufficient and effective home office policies which would govern

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the Justices' home computer use, and which led to a lack of oversight which

31

encouraged the conversion of property;

 32

E) To provide effective supervision and control over record keeping with respect to the

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use of state automobiles, wh ich has already resulted in an executed information upon

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one former Justice and the indictment of another Justice.

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F)

To provide effective supervis ion and control over inventories of state property owned

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by the Court and subordinate courts , which led directly to the undetected absence of

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valuable state property, including, but not limited to , a state-owned desk and a state-

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owned computer;

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G) To provide effective supervision and control over purchasing procedures which directly

40

led to inadequate cost containment methods, including the rebidding of the purchases

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of goods and services utilizing a system of large unsupervised change orders , all of

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which encouraged waste of taxpayer funds .

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The failure by the Justices, individually and collectively, to carry out these necessary and

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proper administrative activities constitute a violation of the provisions of Canon I and Canon II of

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the West Virginia Code of Judicial Conduct.

We, John Overington , Speaker Pro Tempore of the House of Delegates of West Virginia,
and Stephen J. Harrison, Clerk thereof, do certify that the above and foregoing Articles of
Impeachment against Justices of the Supreme Court of Appeals of West Virginia , were adopted
by the House of Delegates on the Thirteenth day of August, 2018.
In Testimony Whereof, we have signed our names hereunto th is Fourteenth day of August,
2018.

~{)
John

~

Ov'::::!;

Speaker Pro Tempore of the House of Delegates

Stephen J. Harrison ,
Clerk of the House of Delepates