CHARLESTON, WV (LOOTPRESS) – Maybe it wasn’t all that clear?
The state Supreme Court has granted two Mingo County Commissioners an extension of time to explain why a Writ of Prohibition should not be granted effectively stopping the appointment of a third commissioner.
At issue is filling the vacancy created when Republican Commissioner Gavin Smith passed away in May.
Ernest Sammons, one of nine individuals who applied for the appointment, is seeking the Writ.
Sammons contends that the Mingo Republican Executive Committee included one candidate who was ineligible to serve in their recommendations of three people to the county commissioners for possible appointment.
Although the county’s staff was aware of the Writ filing, the two sitting commissioners — Democrat Diann Hannah and Republican Thomas Taylor — proceeded to appoint Martin Fortner to the position.
Commission attorney Tom Ward recommended that the commission proceed to select a replacement, telling a reporter that “the Writ hasn’t been approved. People file for writs every day. That doesn’t mean anything.”
Ward and the two commissioners apparently relied on a letter from Attorney General Patrick Morrisey in moving forward with their appointment. In issuing the letter, Morrisey told a reporter the issue was “crystal clear.”
Since Gavin Smith was a Republican, many — including Sammons and apparently Mingo Prosecutor Duke Jewell — believe state law requires his replacement to have been a Republican when the vacancy occurred and for at least 60 days prior to that date. The widow, Audrey Smith, was an independent when he passed away and her candidacy became a point of controversy.
State GOP Executive Director John Findlay, saying he was acting on the advice of Chair Mark Harris, advised the Mingo GOP committee that they could choose Audrey Smith as a nominee.
In a confrontational email to Sammons, Findlay said any lawsuit Sammons filed would be unsuccessful on its face.
Maybe it’s not that obvious since the special legak counsel for the commission asked for more time to answer, Sammons said.
“It may not be the slam dunk Tom Ward and John Findlay said it was,” said Sammons.
Originally, the commission had until August 23 to respond. That date is now August 30.
J. Zak Ritchie of the Charleston firm Ryan McCune Donovan, Hissam Forman Donovan Ritchie PLLC is representing the county. Former Kanawha County Prosecutor Michael Clifford represents Sammons.