CHARLESTON, WV (LOOTPRESS) – A former state legislator is apparently saying, “enough is enough.”
Pendleton County Democrat Isaac Sponaugle has notified Governor Jim Justice of his intention to sue the Governor over the issue of his residency.
State law requires those planning suits against government officials to provide 30-day notices before doing so. Sponaugle gave his notice Thursday, according to published reports.
The planned suit comes after a court-approved March 1 settlement agreement appeared to have settled a matter of controversy throughout Justice’s first term as chief executive.
Despite agreeing to comply with a constitutional requirement that the Governor “reside” in the state capital during his term of office, it became apparent Justice was not doing so.
Legal fees paid by taxpayers for both sides of the original case amounted to nearly $200,000, according to state records.
Airplane and travel records kept since March made it apparent Justice is living at home in Lewisburg — not Charleston.
“Jim Justice needs to decide what he wants to do with his time,” Sponaugle said in announcing his intent to sue. “He’s a part-time governor, part-time businessman and part-time basketball coach. The only thing that he’s doing full-time is residing in Greenbrier County.”
Sponaugle added, “That’s going to end, and he will abide by the Constitution whether he likes it or not.”
When Sponaugle originally sued, the case was assigned to the late Kanawha County Circuit Judge Charles King. Eventually, King asked the state Supreme Court to define the term “reside.”
Theg Supreme Court concluded that “reside” means “to live, primarily, at the seat of government and requires that the executive official’s principal place of physical presence is the seat of government for the duration of his or her term in office.”
The case was remanded to Kanawha Circuit Court. By the time it was settled, King was deceased and Senior Status Judge Daniel O’Hanlon approved the settlement wherein Justice agreed to live in Charleston.
But records show he simply has not done so.
“Jim Justice hasn’t lived up to his word that he would reside at the seat of government,”
Sponaugle said. “It’s his choice on how this will proceed, but he will reside at the seat of government, either voluntarily or involuntarily, as long as he remains governor of the state of West Virginia.”
Sponaugle originally filed suit against Justice in August 2018 for failing to comply with Article 7, Section 1 of the state Constitution, which requires the governor and other statewide constitutional officers to “reside at the seat of state government during their terms of office.”