HOUSE RESOLUTION 205

(By Delegate Cowles)

[Introduced August 15, 2018.]

Providing for the appointment of a committee of five on the part of the House of Delegates to go before the Senate to impeach Robin Davis, Allen Loughry, Elizabeth Walker and Margaret Workman, Justices of the Supreme Court of the State of West Virginia, for maladministration, incompetence, corruption, neglect of duty, and high crimes and misdemeanors, and, as managers on the part of the House of Delegates, to deliver to the Senate articles of impeachment, and to conduct the impeachment against the Justices Davis, Loughry, Walker, and Workman.

Whereas, Pursuant to the authority granted to the House of Delegates in Section 9, Article IV of the Constitution of the State of West Virginia, the House of Delegates has adopted 11 Articles of Impeachment against the various justices of the Supreme Court of Appeals of West Virginia, including Chief Justice Margaret Workman, Justice Allen Loughry, Justice Robin Davis, and Justice Elizabeth Walker, for maladministration, corruption, incompetency, neglect of duty, and certain high crimes and misdemeanors committed in their capacity and by virtue of their offices as Justices of the Supreme Court of Appeals of West Virginia; and 

Whereas, The House of Delegates, saving to themselves the liberty and rights of exhibiting at any time hereafter any further Articles of Impeachment against the said Chief Justice Workman, Justice Allen Loughry, Justice Robin Davis and Justice Elizabeth Walker, Justices of the Supreme Court of Appeals of West Virginia, individually and collectively, as aforesaid, and also of replying to their answers which they may make unto the Articles herein proffered against them, and of offering proof to any and all of the Articles of Impeachment, and every part thereof, and to all and every other Article, accusation, or impeachment, which shall be exhibited by the said House of Delegates as the case may require, do demand that the said Chief Justice Margaret Workman, Justice Allen Loughry, Justice Robin Davis, and Justice Elizabeth Walker, Justices of the Supreme Court of Appeals of West Virginia, individually and collectively, as aforesaid, may be put to answer the maladministration, corruption, incompetency, neglect of duty, and certain high crimes and misdemeanors charged against them, and that such proceedings, examinations, trials and judgments, may be thereupon had, given and taken, as may be agreeable to the Constitution and the laws of the State of West Virginia, as justice may require; therefore, be it

Resolved by the House of Delegates:

That, a committee of five members of the House of Delegates be appointed by the Speaker Pro Tempore, and that such committee be and is hereby directed to go before the Senate, and deliver to the Clerk of the Senate a message whereby the said committee, in the name of the House of Delegates and the people of the State of West Virginia, impeaches Robin Davis, Allen Loughry, Elizabeth Walker, and Margaret Workman, Justices of the West Virginia Supreme Court of Appeals, for maladministration, incompetence, corruption, neglect of duty, and high crimes and misdemeanors in their office, and acquaint the Senate that the House of Delegates will exhibit particular articles of impeachment against them, Robin Davis, Allen Loughry, Elizabeth Walker, and Margaret Workman, the said Justices of the West Virginia Supreme Court of Appeals, as aforesaid, and make good the same, and that said committee demand that the Senate cause to be served upon the said Robin Davis, Allen Loughry, Elizabeth Walker, and Margaret Workman a true copy of the articles of impeachment and take order for the appearance of the said Robin Davis, Allen Loughry, Elizabeth Walker and Margaret Workman to answer to said impeachment; and, be it

Further Resolved, That said committee of five members of the House of Delegates be and is hereby directed to act as managers on part of the House of Delegates to carry and deliver to the Clerk of the Senate the said articles of impeachment; and, be it

Further Resolved, That said committee of five, as managers, be and is hereby directed to conduct the impeachment against the said Robin Davis, Allen Loughry, Elizabeth Walker, and Margaret Workman, Justices of the West Virginia Supreme Court of Appeals, before the Senate, in accordance with procedural rules adopted by the Senate, with all necessary assistance as may be required and provided by employees of the House or Senate and by such professional, clerical and stenographic assistants as may be engaged by the House or Senate for such purposes.