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Farrell sworn in to WV Supreme Court, replacing Loughry

August 11, 2018

Supreme Court Justice Robin Jean Davis, left, delivers the oath of office to Cabell County Judge Paul Farrell in the Supreme Court chamber on Friday.

CHARLESTON — Cabell Circuit Judge Paul Farrell on Friday took the oath of office to uphold the laws of West Virginia less than 24 hours after West Virginia Supreme Court Chief Justice Margaret Workman appointed him to serve on the court during the suspension of Justice Allen Loughry.

Farrell, who has served seven years on the bench in Cabell County, also will preside over an impeachment trial in the Senate if articles of impeachment against the court’s four sitting justices proceed to that point.

Farrell took the oath a little more than two hours after Justice Beth Walker handed down an opinion saying she disagreed with Farrell being appointed to preside over the possible impeachment trial.

“I believe it is improper to designate any justice as Acting Chief Justice for impeachment proceedings in which I or my colleagues may have an interest and that have not yet commenced in the Senate,” Walker wrote in her response to Workman’s order Friday.

In an answer to Walker’s response, Justice Robin Davis said she supported Workman’s appointment for the impeachment trial, saying the West Virginia Constitution clearly states that the chief justice of the Supreme Court is to preside over the trial, and if it is improper for the chief justice to preside, then the chief justice has to appoint another Supreme Court justice.

“Any statement to the contrary is intellectually flawed and has no basis under our state constitution,” Davis said in the response she handed down Friday.

With Farrell’s appointment, there now are four justices on the court available to hear cases when the court term begins Sept. 5.

Former Gov. Earl R ay Tomblin appointed Farrell to the bench in Cabell County in 2011, and voters elected him to the position in 2012. Chief Cabell Circuit Judge Gregory Howard said Friday the judges planned on meeting next week to determine how to handle Farrell’s docket while he is fulfilling his duties in Charleston.

Workman handed down an order Thursday evening appointing Farrell to preside on the court in Loughry’s absence and during a possible impeachment trial.

Farrell’s son, Paul Farrell Jr., is a partner at the Huntington law firm Green, Ketchum, Farrell, Bailey & Tweel LLP, where former Justice Menis Ketchum’s son, Bert Ketchum, also is a partner, according to the firm’s website.

Loughry has been suspended from the bench without pay since June 8, and Menis Ketchum resigned from the court effective July 27.

Gov. Jim Justice is responsible for appointing a justice to serve on an interim basis until West Virginians have the opportunity to select Ketchum’s replacement in the Nov. 6 general election.

The West Virginia Judicial Vacancy Advisory Commission is accepting applications to be appointed to the court until Aug. 14.

On June 6, the West Virginia Judicial Investigation Commission filed a 32-count statement of charges alleging Loughry violated the West Virginia Code of Judicial Conduct.

On June 19, a federal grand jury in U.S. District Court of Southern West Virginia handed up an indictment against Loughry, charging him with 16 counts of fraud and swindles, three counts of making false statements, two counts of fraud by wire, radio or television and one count of witness tampering.

Ketchum also has agreed to plead guilty to one count of federal wire fraud related to his misuse of state vehicles while he was a justice, U.S. Attorney Mike Stuart announced July 30.

Ketchum’s plea hearing is scheduled for Aug. 29.

Workman, Davis, Walker and Loughry are the subjects of articles of impeachment that were adopted Monday by the West Virginia House of Delegates Judiciary Committee.

The articles accuse all four justices of failing to uphold their oaths of office by failing to establish and maintain policies to prevent the abuse of state resources, including money, vehicles, furniture and computers.

The articles serve as formal charges or accusations that the justices committed one of the impeachable offenses listed in Section 9, Article 4 of the West Virginia Constitution.

The articles of impeachment charge the justices with maladministration, corruption, incompetency, neglect of duty and certain high crimes.

In total, Loughry is the subject of eight articles of impeachment. Workman and Davis each are the subject of four and Walker is the subject of two.

Ketchum was not a subject of impeachment because he resigned from the bench last month.

Reach Lacie Pierson at lacie.pierson@wvgazettemail.com, 304-348-1723 or follow @laciepierson on Twitter.

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