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Introduced Version House Resolution 10 History

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HOUSE RESOLUTION 10

(By Delegates Sponaugle, Barrett. Miley, Caputo, Pushkin and Hanshaw)

[Introduced March 1, 2017 ]

 

Relating to empowering the House Committee on the Judiciary to investigate allegations of impeachable offenses against Steven O. Callaghan, Circuit Judge-Elect of the Twenty-Eighth Judicial Circuit.

Whereas, On February 9, 2017, the West Virginia Supreme Court, in an unprecedented action, suspended Judge-Elect Callaghan two years without pay and assessed him $15,000 in fines for multiple violations of West Virginia Lawyer Rules for Professional Conduct and the Code of Judicial Conduct; and

Whereas, The Court found that Judge-Elect Callaghan knowingly published false allegations against his opponent for the Judgeship, Gary Johnson, and that his acts were done with the purpose of deceiving voters, and were intentional fraudulent acts that subverted the integrity of the judicial system; and

Whereas, The Court found that Judge-Elect Callaghan’s conduct “relates directly to the administration of justice and negatively impacts the public’s perception of the administration of justice;... [his] behavior certainly relates directly to his public persona, through his efforts to achieve professional gain by dissemination of false materials to the voting public,… his actions demonstrate profound disrespect and disregard for our system of justice; his intentional utilization of falsehoods subverts the very essence of the integrity of the judicial system and cast serious doubts upon his fitness for a judicial position established upon unbiased veracity and incorruptibility”; and

Whereas, The Court was further offended by the lack of Judge-Elect Callaghan’s “extremely limited remorse” and acted in such a fashion as to demonstrate a “dismissive and cavalier attitude towards his behavior” and that the charges brought against Judge-Elect Callaghan were proven “by clear and convincing evidence”; and

Whereas, Judge Martish, in a concurring opinion from the Court, raised additional professional violations and criminal acts that deserve further consideration and investigation by this body; and

Whereas, The West Virginia Supreme Court found Judge-Elect Callaghan guilty of violating three professional rules of conduct that potentially result in him being guilty of: Maladministration, corruption, incompetency, gross immorality, a high crime or misdemeanor, and unfit to serve as Circuit Judge for the Twenty-Eighth Judicial Circuit; therefore, be it

Resolved by the House of Delegates:

That the House Committee on the Judiciary be, and is by this resolution, empowered (1) To investigate or cause to be investigated, any allegations or charges raised by the West Virginia Supreme Court: In the Matter of: The Honorable Steven O. Callaghan, Judge-Elect of the Twenty-Eighth Judicial Circuit; and (2) to hold a hearing or hearings thereon; (3) to make findings of fact based upon such investigations and hearings; (4) to report to the House of Delegates its findings of facts and any recommendations which the Committee on the Judiciary may deem proper; and (5) if the recommendation of the committee be to impeach the Circuit-Judge Elect, to present to the House of Delegates a proposed resolution of impeachment and proposed articles of impeachment; and, be it

Further Resolved, That in carrying out its duties pursuant to this resolution, the House Committee on the Judiciary is authorized:

(1) To examine witnesses, to send for persons and papers, documents and other physical evidence, to order the attendance of any witness, or the production of any paper, document and other physical evidence, and to exercise all other powers described under the provisions of section five, article one, chapter four of the Code of West Virginia;

 (2) To issue summonses, subpoenas and subpoenas duces tecum and to enforce obedience to its summonses and subpoenas in accordance with the provisions of section five, article one, chapter four of the Code of West Virginia or by invoking the aid of the courts of this state; and

(3) To determine whether all or any portion of a meeting or hearing should be held in an executive session, pursuant to the provisions of House Rule eighty-three; and, be it

Further Resolved, That in carrying out his duties pursuant to this resolution, the Chairman of the Committee on the Judiciary is authorized:

(1) To establish or define rules of procedure for the conduct of meetings or hearings held pursuant to this resolution;

(2) To employ, with the prior approval of the Speaker of the House, a court reporter or stenographer and such other professional or clerical employees as may be reasonably required;

 (3) To designate a subcommittee or subcommittees of the Committee on the Judiciary to assist the Chairman or the Committee in performing his or its duties pursuant to this resolution; and

 (4) To determine the time and place of all meetings or hearings of the Committee and its designated subcommittees; and, be it

Further Resolved, That the Committee on the Judiciary during its inquiry, may entertain such procedural and dispositive motions as may be made in the case of any other bill or resolution referred to that Committee, or, in making its recommendations, if any, pursuant to this resolution, may include:

 (1) A recommendation that the Honorable Steven O. Callaghan, Judge-Elect of the Twenty-Eighth Judicial Circuit, not be impeached; or

(2) A recommendation that the Honorable Steven O. Callaghan be impeached for maladministration, corruption, incompetence, gross immorality, neglect of duty, or any high crime or misdemeanor, as provided forth  in section nine, article four of the West Virginia Constitution, and that  the Honorable Steven O. Callaghan be removed and disqualified from office, and that the House of Delegates adopt a resolution of impeachment and formal articles of impeachment as prepared by the Committee on the Judiciary, and deliver the same to the Senate in accordance with the procedures of the House of Delegates, for consideration by the Senate according to rules of procedure and state law.         

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