IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA CIVIL CASE INFORMATION STATEMENT (Civil Cases Other than Domestic Relations) 1. CASE STYLE: Case No. Plaintiff(s) Judge: G. Isaac Sponaugle. PO Box 578 Franklin, WV 26807 V5- Days to Defendant(s) Answer James Conley Justice. 20 Type of Service Personal Name 1900 Kanawha Blvd. E, Room 1 Street Address Charleston. WV 25305 City, State, Zip Code II. TYPE OF CASE: General Civil 1] Mass Litigation [As de?ned in ICR. 2604(0)] Adoption Administrative Agency Appeal ASPCSIOS I: Civil Appeal from Magistrate Court FELA Asbestos El Miscellaneous Civil Petition Other: Mental Hygiene I7 Habeas Corpus/Other Extraordinary Writ Guardianship [1 Other: Medical Malpractice JURY DEMAND: Yes 12 No CASE WILL BE READY FOR TRIAL BY (Month/Year): 05 2019 IV. DO YOU OR ANY IF YES, PLEASE SPECIFY: OF YOUR CLIENTS Wheelchair accessible hearing room and other facilites 0R WITNESSES [1 Reader or other auxiliary aid for the visually impaired IN THIS CASE I:l Interpreter or other auxiliary aid for the deaf and hard of hearing ?gg??g?i?l?iv Spoicesperson or other auxiliary aid for the speech impaired [3 Foreign language interpreter-speedy language: Yes [7 No Other: Attorney Name: G. Isaac Sponaugle, Firm: Sponaugle Sponaugle Address: PO Box 578, Franklin. WV 26807 Telephone: (304) 353?2337 Representing: Plaintiff Defendant Cross-Defendant Cross-Complainant El 3rd-Party Plaintiff I: 3rd-Party Defendant Proceeding Without an Attorney Original and 4 copies of complaint Dated: 12 07 2018 Signature: Civil Case Information Statement (Other than Domestic Relations) Revision Date: 12/2015 Plaintiff: G. Isaac Sponaugle, et a! Case Number: vs. Defendant: James Conley Justice, II e! at CIVIL CASE INFORMATION STATEMENT CONTINUATION PAGE WV Attorney General Defendant's Name 1900 Kanawha Blvd. E. Room Days to Answer: Street Address Charleston, WV 25305 Type of Service: Personal City. State. Zip Code Defendant's Name Days to Answer: Street Address Type of Sewice: City. State, Zip Code Defendant's Name Days to Answer: Street Address Type of Sen/ice: City. State. Zip Code Defendant's Name Days to Answer: Street Address Type of Selvice: City. State. Zip Code Defendant's Name Days to Answer: Street Address Type of Service: City. State. Zip Code Defendant's Name Days to Answer: Street Address Type of Service: City. State. Zip Code Defendant's Name Days to Answer: Street Address Type of Sewice: City. State. Zip Code Civil Case Information Statement?Defendant(s) Continuation Page Revision Date: 12/2015 IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA STATE OF WEST VIRGINIA, ex rel., G. ISAAC SPONAUGLE, West Virginia citizen and taxpayer, V. Petitioner, Civil Action Number: 18-F- Judge: JAMES CONLEY JUSTICE, II, Governor of the State of West Virginia, Respondent. PETITION FOR WRIT OF MANDAMUS COMES NOW Petitioner, G. Isaac Sponaugle, and for his Veri?ed Petition for Writ of Mandamus, alleges and states the following: 1) 2) 3) That Petitioner on August 9, 2018, deposited with the United States Postal Service, two certi?ed letters, postage prepaid, to West Virginia Governor Jim Justice and West Virginia Attorney General Patrick Morrisey, both addressed to their respective addresses, that provided a notice ofintent to sue after 30 days pursuant to W. Va. Code 55-17?1. Both of the aforesaid letters were received on August 13, 2018. Copies of the aforesaid letters and return service that were issued by the United States Postal Service are attached hereto and incorporated by reference. That Petitioner is an adult citizen and taxpayer of Pendleton County, West Virginia. That Respondent, James Conley Justice, II, is the 36?h and current Governor of the State of West Virginia. He was elected on November 8, 2016. He took an oath or af?rmation of office on January 16, 2017, at the West Virginia State Capitol, located in Kanawha County, West Virginia. He swore to support the constitution of the United States of America, the constitution ofthe State of West Virginia, and to faithfully discharge the duties of the office of Governor of the State of West Virginia to the best of his skill and judgment. Petition for Writ of Mandamus Page I ofS 4) 5) 6) 7) That the seat of West Virginia state government is in Charleston, Kanawha County, West Virginia, pursuant to Section 20 of Article VI of the West Virginia Constitution, which sets forth the following: ?The seat of government shall be at Charleston, until otherwise provided by law.? That jurisdiction and venue are proper in the Circuit Court of Kanawha County for a Writ ofMandamus pursuant to W. Va. Code 53?1-2. That Section 1 of Article VII of the West Virginia Constitution sets forth the following: ?7-1 Executive department. The executive department shall consist ofa governor, secretary of state, auditor, treasurer, commissioner of agriculture and attorney general, who shall be ex of?cio reporter of the court of appeals. Their terms of of?ce shall be four years, and shall commence on the ?rst Monday after the second Wednesday of January next after their election. They shall reside at the seat of government during their terms of of?ce, keep there the public records, books and papers pertaining to their respective of?ces, and shall perform such duties as may be prescribed by law.? That W. Va. Code 6-5-4 sets forth the following: Residence of of?cers. The Governor, Secretary of State, state superintendent of free schools, Auditor, Treasurer, Attorney General and Commissioner of Agriculture, shall reside at the seat of government during their term of of?ce, and keep there the public records, books and papers pertaining to their respective of?ces. Every judge of a circuit court shall, during his continuance in of?ce, reside in the circuit for which he was chosen. Every county and district officer, except the prosecuting attorney, shall, during his continuance in office, reside in the county or district for which he was elected. And the removal by any such of?cer from the state, circuit, county or district for which he was elected or chosen shall vacate his office.? Petition for Writ of Mandamus Page 2 of 5 3) 9) 10) ll) 12) 13) That both Section 1 of Article VII ofthe West Virginia Constitution and W. Va. Code 6? 5-4 contain mandatory nondiscretionary constitutional and statutory duties for the named members of the executive department. That Respondent has not resided at the seat of government for more than 30 days from January 16, 2017 until the ?ling this Petition for Writ of Mandamus. This is despite housing afforded to him at the West Virginia Governor?s Mansion located at 1716 Kanawha E, Charleston, West Virginia. Respondent by his own public admissions has not and continues to reside in Greenbrier County, West Virginia, in lieu of Charleston, West Virginia. That Respondent works in Greenbrier County and keeps many of the public records, books and papers pertaining to his respective office there in lieu ofCharleston, West Virginia. That certain scandals, mismanagement of public monies, lack of communication among agencies and a decrease in general productivity of state government has occurred under Respondent?s tenure as Governor. That certain members of the West Virginia Legislature have publicly raised concems about the habitual work absenteeism by ReSpondent causing certain scandals, mismanagement of public monies, lack of communication among agencies and a decrease in general productivity of state government. That Respondent held multiple press conferences in response to certain members of the West Virginia Legislature and publicly declared that he would not make the seat of government his residency, would not show up to work every day at the seat of government, will continue to reside and work in Greenbrier County and only show up at the seat of government, Charleston, West Virginia, when it is convenient to him. Petition for Writ of Mandamus Page 3 of5 I4) 15) 16) 17) 18) That Petitioner, as a citizen and taxpayer of the State of West Virginia, has a clear legal right in relief sought hereinbelow. That Respondent is in violation of Section 1 of Article VII of the West Virginia Constitution and W. Va. Code 6-5-4 for not performing his mandatory nondiscretionary constitutional and statutory duties. That Petitioner is in absence of another adequate remedy other than a Writ of Mandamus being issued by this Court against Respondent. That Petitioner has ?led herewith a Memorandum in Support of Petition for Writ of Mandamus and hereby incorporates by reference every paragraph of it to this Petition, which is attached hereto and incorporated by reference. That Petitioner requests that a writ of mandamus be issued henceforth that Respondent meet his nondiscretionary mandatory constitutional and statutory duties pursuant to Section 1 of Article VII of the West Virginia Constitution and W. Va. Code 6-5?4 that he be ordered to reside at the seat of government during his term of office, and keep there the public records, books and papers pertaining to his reSpective of?ce. PRAYER FOR RELIEF WHEREFORE, Petitioner requests that a writ of mandamus be issued henceforth that Respondent meet his nondiscretionary mandatory constitutional and statutory duties, pursuant to Section 1 of Article VII of the West Virginia Constitution and W. Va. Code 6?5?4, and he be ordered to reside at the seat of government during his term ofoffice, and keep there the public records, books and papers pertaining to his reSpective of?ce; award costs and grant such other relief as the Court deems equitable. Dated this 7?h day of December 2018. Petition for Writ of Mandamus Page 4 of5 on. n. A A A c.1933, . - SPONAUGLE SPONAUGLE ATTORNEYS AT LAW P. 0. BOX 578 FRANKLIN, WEST VIRGINIA 26807 (304) 358-2337 isaac@sponauglelaw.com G. Isaac Spor?igle 111 State Bar #9720 Petitioner STATE OF WEST VIRGINIA COUNTY OF PENDLETON, to-wit: G. Isaac Sponaugle, Ill Petitioner G. Isaac Sponaugle, Petitioner named in the foregoing Petition for Writ of Mandamus, being first duly sworn, say that the facts and allegations set forth therein are true and correct, except insofar as they are therein stated to be upon information and belief, and insofar as therein stated to be upon information and belief, they believe them to be true and correct. G. Isaac Sponaugle, Taken, sworn to and subscribed before me, a Notary Public in and for the county and state aforesaid, this the 7?h day of December 2018. My commission expires Jim i. 6109,14 OFFICIAL SEAL NOTARY PUBLIC STATE OF WEST VIRGINIA Kristi Miiler 139:5 Upper South Branch Rd - Franklin. WW 2680? 13.10 - f' My commission expires .. lama, NOTARY PUBLIC Petition for Writ of Mandamus Page 5 of 5 SPONAUGLE SPONAUGLE ATTORNEYS AT LAW 0' Box 578 Telephone: 304?358-2337 GEORGE I. SPONAUGLE (1917-1905) Telecopier: 304-358-2483 223 CHESTNUT STREET . Geor l. onaugle ll Email: SPOMI GL5 FRANKLIN, WEST VIRGINIA 26807-0578 gsponagugle?l?ponauglelaw.com G. ISAAC SPONAUGLE G. Isaac Sponaugie Ill Emaii: August 9, 2018 Honorable Governor Jim Justice Office of the Governor Jim Justice 1900 Kanawha Street Charleston, WV 25305 RE: Notice of Intent to Sue after 30 Days, West Virginia Code ?55-17-1, et seq. (2002) The Honorable Governor Justice: As you may be aware, I have filed a Petition for Writ of Mandamus in the Kanawha County Circuit Court to require James Conley Justice, 11, Governor of the State of West Virginia, to meet his nondiscretionary mandatory constitutional duty, pursuant to Section 1 of Article VII of the West Virginia Constitution. I do not believe that West Virginia Code ?55-17-1, et seq. (2002), applies in the aforesaid action that is currently before the Kanawha County Circuit Court. Counsel for James Conley Justice, II, has filed a motion to dismiss asserting that West Virginia Code ?55-17-1, et seq. (2002), applies to said action. This issue has yet to be ruled upon the Kanawha County Circuit Court and is currently pending. If the Governor?s motion to dismiss is granted for failure to provide a written thirty days? notice in advance of filing the aforesaid Petition for Writ of Mandamus action, then I will immediately refiie the same with either the West Virginia Supreme Court of Appeals or the Kanawha County Circuit Court for the same relief requested in the aforesaid matter. Letter of Intent to Sue after 30 Days The purpose of this letter to provide you written notice of my intent to file a civil action, pursuant to the provisions of West Virginia Code 555-17-1, et seq. (2002), against James Conley Justice, II, Governor of the State of West Virginia, to meet his nondiscretionary mandatory constitutional duty, pursuant to Section 1 of Article VII of the West Virginia Constitution, and seek relief, by way of a Writ of Mandamus, that he be ordered to reside at The Honorable Governor Justice August 9, 2018 Page 2. the seat of government during his term of office, and keep there the public records, books and papers pertaining to his respective office; award costs and grant such other relief as the Court deems equitable. Sincerely, G. Isaac Sponaugle SENDER: COMPLETE THIS SECTION I Complete items 1, 2. and 3. I Print your name and address on the reverse so that we can return the card to you. I Attach this card to the back of the mailpieoe, or on the front if space permits. A. Signature COMPLETE THIS SECTION ON DELIVERY I A dress 0. Date of Delivr 1. Article Addressed to: ?or Omar. Jimlus?nce 10100 Kamwm Street Um [93%)th @5305 p. ls delivery address different from item 1? El Yes If YES, enter delivery address below: El No 3. Service Type ll ll Ill lm?m MW 9590 9402 2667 5335 4223 95 El Certi?ed Mail Restricted Delivery 2. Article Number (Transfer?'om service label) 3415 BBEH PS Form 381 1. July 2015 PSN 7530-02-000-9053 El Collect on Delivery El Collect on Delivery Restricted Delivery El Slgnature Con?rmation "1 Mail 1 Mail Restricted Delivery 500) El Priority Mail Express? El Registered Mail? El Registered Mail Dellvery El Retum Receipt for Merchandise El Signature Confirmation Restricted Delivery Domestic Return Receil: USPS Tracking? Results Page 1 of3 USPS Tracking? FAQs Track Another Package Tracking Number: 70131710000034183809 Remove On Time Expected Delivery on MONDAY by 13 9333 3.00pm Haeqpeea Delivered August 13, 2018 at 5:18 am Delivered, To Agent CHARLESTON, WV 25301 Tracking History August 13, 2018, 5:18 am Delivered, To Agent CHARLESTON, WV 25301 Your item has been delivered to an agent at 5:18 am on August 13, 2018 in CHARLESTON, WV 25301. August 13, 2018, 3:32 am Arrived at Unit SOUTH CHARLESTON, WV 25309 12/7/2018 - USPS Tracking? Results Page 2 of3 August 13, 2018, 2:04 am Arrived at USPS Regional Facility CHARLESTON VW PROCESSING CENTER August 12, 2018, 9:51 pm Departed USPS Regional Facility CHARLESTON WV PROCESSING CENTER August 12, 2018 In Transit to Next Facility August 11, 2018, 3:53 am Arrived at USPS Regional Facility CHARLESTON WV PROCESSING CENTER August 9, 2018, 10:38 pm Arrived at USPS Regional Origin Facility MERRIFIELD VA DISTRIBUTION CENTER xoeqpeed August 9, 2018, 4:01 pm Departed Post Office FRANKLIN, WV 26807 August 9, 2018, 2:40 pm USPS in possession of item FRANKLIN, WV 26807 Product Information See Less 12/7/2018 - USPS Tracking? Results Page 3 of3 Can?t find what you?re looking for? Go to our FAQs section to find answers to your tracking questions. FAQs H99qp99d The easiest tracking number is the one you don't have to know. With Informed Delivery?, you never have to type in another tracking number. Sign up to: 0 See images" of incoming mail. 0 Automatically track the packages you're expecting. 0 Set up email and text alerts so you don't need to enter tracking numbers. 0 Enter USPS Delivery Instructions? for your mail carrier. Sign Up Black and white (grayscale) images show the outside, front of letter?sized envelopes and mailpieces equipment. 1710000034183809 12/7/2018 SPONAUGLE SPONAUGLE ATTORNEYS AT P, 0. Box 573 Telephone: 304-358-2337 GEORGE l. SPOMUGLE (1917-1995) Telecopier: 304-358-2483 223 CHESTNUT STREET . ONA George LS onau le II Email: GEORGE I SP UGLE FRANKLIN, VIRGINIA 26807-0578 gsponangleai?ponaiglelawxom G. ISAAC SPOMUGLE G. Isaac Sponaugle Ill Email: August 9, 2018 Attorney General of the State of West Virginia State Capitol, Room E-26 1900 Kanawha Blvd. East Charleston, WV 25305 RE: Notice of Intent to Sue after 30 Days, West Virginia Code ?55-17?1, et seq. (2002) The Honorable Attorney General Morrisey: As you may be aware, I have filed a Petition for Writ of Mandamus in the Kanawha County Circuit Court to require James Conley Justice, 11, Governor of the State of West Virginia, to meet his nondiscretionary mandatory constitutional duty, pursuant to Section 1 of Article VII of the West Virginia Constitution. I do not believe that West Virginia Code ?55-17?1, et seq. (2002), applies in the aforesaid action that is currently before the Kanawha County Circuit Court. Counsel for James Conley Justice, II, has filed a motion to dismiss asserting that West Virginia Code ?55~17-1, et seq. (2002), applies to said action. This issue has yet to be ruled upon the Kanawha County Circuit Court and is currently pending. If the Governor?s motion to dismiss is granted for failure to provide a written thirty days? notice in advance of filing the aforesaid Petition for Writ of Mandamus action, then I will immediately refile the same with either the West Virginia Supreme Court of Appeals or the Kanawha County Circuit Court for the same relief requested in the aforesaid matter. Letter of Intent to Sue after 30 Days The purpose of this letter to provide you written notice of my intent to file a civil action, pursuant to the provisions of West Virginia Code ?55-17-1, et seq. (2002), against James Conley Justice, 11, Governor of the State of West Virginia, to meet his nondiscretionary mandatory constitutional duty, pursuant to Section 1 of Article VII of the West Virginia Constitution, and seek relief, by way of a Writ of Mandamus, that he be ordered to reside at The Honorable General Morrisey August 9, 2018 Page 2. the seat of government during his term of office, and keep there the public records, books and papers pertaining to his respective office; award costs and grant such other relief as the Court deems equitable. Sincerely, G. Isaac Sponaugle SENPER: COMPLETE THIS SECTION Complete items 1, 2I and 3. I Print your name and address on the reverse so that we can return the card to you. I Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE SECTION ON DELIVERY El Agent Addres: C. Date of Deliv- n? ed Name) B. eceived by 1. Article Addressed to: mm 3&le i?ml ,Room H00 Bled east Okaxl?itm. 62% 506 I 9590 9402 2667 6336 4224 01 o. Is delivery address different from item 1? Yes if YES, enter delivery address below: No 2. Article Number (Transfer from service labels} 7913 1719 EMILE 361i: 3. Service Type El Priority Mail Express@ Adult Signature Registered El Adult Signature Restricted Delivery El Registered Mail Hesm El rtified Mail? Deiwery rti?ed Mail Restricted Delivery El Return Receipt for Merchandise Collect on Delivery El Collect on Delivery Restricted Delivery Slgnature Con?nnatle "sured Mail El Signature Con?rmatio sured Mail Restricted Delivery 35$de Dallvery tier $500) PS Form 381 July 2015 PSN 7530-02-000-9053 Domestic Return Recei - USPS Tracking? Results Page I 0f3 USPS Tracking? FAQs Track Another Package Tracking Number: 70131710000034183816 Remove On Time Expected Delivery on MONDAY 1 3 9888 8: 00pm? 6? Delivered August 13, 2018 at 5:18 am Delivered, To Agent CHARLESTON, WV 25301 Tracking History August 13, 2018, 5:18 am Delivered, To Agent CHARLESTON, WV 25301 Your item has been delivered to an agent at 5:18 am on August 13, 2018 in CHARLESTON. WV 25301. August 13, 2018, 3:16 am Arrived at Unit SOUTH CHARLESTON, WV 25309 lpage&th=2&text28 12/7/2018 - USPS Tracking? Results Page 2 0f3 August 13, 2018, 2:04 am Arrived at USPS Regional Facility CHARLESTON WV PROCESSING CENTER August 12, 2018, 9:51 pm Departed USPS Regional Facility CHARLESTON WV PROCESSING CENTER August 12, 2018 In Transit to Next Facility August 11, 2018, 3:53 am Arrived at USPS Regional Facility CHARLESTON WV PROCESSING CENTER August 9, 2018, 10:38 pm Arrived at USPS Regional Origin Facility MERRIFIELD VA DISTRIBUTION CENTER > oeq peed August 9, 2018, 4:01 pm Departed Post Office FRANKLIN, WV 26807 August 9, 2018, 2:39 pm USPS in possession of item FRANKLIN, WV 26807 Product Information See Less 12/7/2018 - USPS Tracking? Results Page 3 0f3 Can?t find what you?re looking for? Go to our FAQs section to find answers to your tracking questions. FAQs Tl CD (D D. 0' DJ The easiest tracking number is the one you don't have to know. With Informed Delivery?, you never have to type in another tracking number. Sign up to: 0 See images* of incoming mail. 0 Automatically track the packages you're expecting. 0 Set up email and text alerts so you don't need to enter tracking numbers. 0 Enter USPS Delivery Instructions?? for your mail carrier. Sign Up Black and white (grayscale) images show the outside, front of letter-sized envelopes and mailpieces equipment. 12/7/2018 IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA STATE OF WEST VIRGINIA, ex G. ISAAC SPONAUGLE, West Virginia Citizen and taxpayer, Petitioner, v. Civil Action Number: 18-P- Judge: JAMES CONLEY JUSTICE, 11, Governor of the State of West Virginia, ReSpondent. MEMORANDUM IN SUPPORT OF PETITION FOR WRIT OF MANDAMUS SPONAUGLE SPONAUGLE ATTORNEYS AT LAW P. 0. BOX 578 FRANKLIN, WEST VIRGINIA 26807 (304) 358-2337 isaacaDsponauglelawcom G. Isaac Sponaugle 11! State Bar #9720 Petitioner