HOUSE RESOLUTION 15

(By Delegates Pushkin and Walker)

[Introduced March 18, 2021]

Relating to empowering the House Committee on the Judiciary to investigate allegations of impeachable offenses against West Virginia Attorney General Patrick Morrisey.

Whereas, The West Virginia House of Delegates acknowledges and accepts the fact that Joe Biden won the United States presidential election held on November 3, 2020; and

Whereas, The election results at all 50 states and Puerto Rico were certified on the 12th of December 2020, declaring Joe Biden the winner of the 2020 United States presidential election; and

Whereas, West Virginia Attorney General Patrick Morrisey took an oath of office to support the Constitution of the United States, which includes the right of American citizens to vote; and

Whereas, On the ninth day of December 2020, West Virginia Attorney General Patrick Morrisey entered West Virginia into a frivolous lawsuit that attempted to undermine the United States Constitution by seeking to disenfranchise the votes of over 38 million Americans; and

Whereas, West Virginia Attorney General Patrick Morrisey perpetuated the “Great Lie” of a stolen election through social media, including statements made through his official government account, by citing false claims of “many, many problems with the 2020 elections”; and

Whereas, From his official position as an elected official, West Virginia Attorney General Patrick Morrisey encouraged West Virginia to distrust democracy and our democratic institutions; and

Whereas, His statements and the resulting distrust may have encouraged several West Virginians to take part in the deadly and destructive insurrection in our nation’s Capitol on the sixth day of January, 2021; and

Whereas, West Virginia Attorney General Patrick Morrisey’s arrogant disregard for the rule of law as an elected attorney serving as the legal representative of the State of West Virginia was shameful political pandering showing a complete lack of integrity and disrespect for his legal duties; and

Whereas, These actions clearly constitute a violation of his oath of office and maladministration; therefore, be it

Resolved by the House of Delegates:

That the House Committee on the Judiciary be, and is by this resolution, empowered to investigate or cause to be investigated, allegations or charges raised herein or identified its investigation, and make findings of fact based such investigations and hearings, and to report to the House of Delegates its findings of facts and any recommendations which the Committee on the Judiciary may deem proper; and, be it

Further Resolved, That if the recommendation of the Committee be to impeach West Virginia Attorney General Patrick Morrisey, to present to the House of Delegates a resolution of impeachment and 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 papers, documents, and other physical evidence, and to exercise all other powers described under the provisions of §4-1-5 of the Code of West Virginia; and

(2) To issue summonses, subpoenas, and subpoenas duces tecum and to enforce obedience to its summonses and subpoenas accordance with the provisions of §4-1-5 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 83; 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; and

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

(3) To designate a subcommittee or subcommittees of the Committee on the Judiciary to assist the Chairman or the Committee performing the duties specified in 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 and in making its recommendations, if any, pursuant to this resolution, the Committee may include:

(1) A recommendation that West Virginia Attorney General Patrick Morrisey not be impeached; or

(2) A recommendation that West Virginia Attorney General Patrick Morrisey be impeached for maladministration, corruption, incompetence, gross immorality, neglect of duty, or any high crime or misdemeanor, pursuant to Article IV, Section 9 of the Constitution of West Virginia and that West Virginia Attorney General Patrick Morrisey 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.