Senate Journal

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-THIRD LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2018

ONE HUNDRED TWELFTH DAY

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Charleston, West Virginia, Monday, October 15, 2018

Pursuant to the adjournment of October 2, 2018, under authority of

Senate Concurrent Resolution 201, Authorizing adjournments of Senate and House of Delegates.

The Senate reassembled in extraordinary session in its chamber in the state capitol in the City of Charleston, at 9:20 a.m., and was called to order by its President, the Honorable Mitch Carmichael.

Prayer was offered by the Honorable C. Edward Gaunch, a senator from the eighth district.

The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Patricia Puertas Rucker, a senator from the sixteenth district.

Pending the reading of the Journal of Tuesday, October 2, 2018,

At the request of Senator Palumbo, unanimous consent being granted, the Journal was approved and the further reading thereof dispensed with.

The time having arrived for the special order of business for the Senate to resolve itself into a Court of Impeachment to consider proceedings against Margaret L. Workman, Chief Justice of the Supreme Court of Appeals of the State of West Virginia, the special order thereon was called by the President.

Senator Carmichael (Mr. President) called the Honorable Paul T. Farrell, Acting Chief Justice of the Supreme Court of Appeals of the State of West Virginia, to assume the chair to preside over the Court of Impeachment.

The following letter from the Honorable Paul T. Farrell, Acting Chief Justice of the Supreme Court of Appeals of the State of West Virginia, is inserted into the Senate Journal as follows:

\insert PDF of Farrell’s letter

The Presiding Officer of the Court of Impeachment being absent, Senator Carmichael (Mr. President) declared the Court of Impeachment to remain adjourned until its Presiding Officer is present.

The order of the Supreme Court of Appeals of the State of West Virginia, issued on Thursday, October 11, 2018, prohibiting the Senate from sitting as a Court of Impeachment to consider proceedings against Margaret L. Workman, Chief Justice of the Supreme Court of Appeals of the State of West Virginia, is inserted into the Senate Journal as follows:

\insert PDF of Supreme Court order

The Senate proceeded to the twelfth order of business.

Remarks were made by Senators Trump, Weld, Romano, Woelfel, Karnes, Boso, Ojeda, and Blair.

Senator Ferns then moved that the Senate adjourn until subsequently called back into session by the presiding officer.

The question being on the adoption of Senator Ferns’ aforestated motion, and on this question, Senator Ferns demanded the yeas and nays.

The roll being taken, the yeas were: Arvon, Azinger, Baldwin, Beach, Blair, Boley, Boso, Clements, Cline, Drennan, Facemire, Ferns, Gaunch, Jeffries, Karnes, Maynard, Ojeda, Palumbo, Plymale, Prezioso, Rucker, Smith, Swope, Sypolt, Trump, Unger, Weld, Woelfel, and Carmichael (Mr. President)—29.

The nays were: Romano—1.

Absent: Mann, Maroney, Stollings, and Takubo—4.

So, a majority of those present and voting having voted in the affirmative, the President declared Senator Ferns’ motion had prevailed.

Under authority of Senate Concurrent Resolution 201, adopted June 26, 2018, and in accordance with the foregoing motion, at 10:43 a.m., the Senate adjourned until subsequently called back into session by the presiding officer.

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