CHARLESTON, WV (LOOTPRESS) – It may not be over until it’s over.
The West Virginia Supreme Court has ordered the Mingo County Commission to respond to a Writ of Prohibition petition filed by attorney Mike Clifford on behalf of Mingo resident Ernest Sammons.
At issue is the appointment of a replacement for Republican Commissioner Gavin Smith, who passed away in May.
Attendees described the most recent meeting of the commission — which included the appointed replacement, Martin Fortner — as “the most harmonious in months.”
Sitting Commissioners Democrat Diann Hannah and Republican Thomas Taylor clearly felt the issue of Smith’s replacement was finally settled. The writ, if granted by the supreme court, could change all that.
The replacement for Smith proved controversial when Hannah and Taylor could not agree on a replacement. One major point of contention occurred when Smith’s widow, Audrey, announced she would like to fill her late husband’s seat.
She also made officials aware that she was a registered independent when her husband died.
That appeared to eliminate her since state law requires the appointee to be from the same party as the vacating member for at least 60 days prior to the vacancy’s occurrence.
But Audrey Smith supporters argued a technicality in the law would allow for her appointment when the decision met the second stage of the process.
That stage includes the county executive committee providing the names of three potential commissioners the commission must choose from. When that list included Audrey Smith it led to the motion for a Writ of Prohibition. Sammons was one of nine who applied for the recommendations but only Smith, Fortner and Chad Hatfield were recommended.
Clifford filed the petition hours before the commission met to select the replacement. Asked by a reporter if the commission was going to ignore the petition, commission attorney Tom Ward explained they were because it had been filed but not granted.
Commissioners went forward and appointed Fortner who has now been sworn in and participated in a meeting. It was not clear how his appointment might be affected if the writ is granted.
Sammons said he is “pleased” with the court order. He has consistently argued that considering Audrey Smith for the appointment violates state law.
Several are said to be hoping to finish Smith’s term in next year’s election. Audrey Smith and Hatfield both say they are running.