Statehouse rumors that State Senator Charles Trump may be headed toward the Supreme Court vacancy created by the resignation of Evan Jenkins may be failing to take one major concern into account.
There’s already a complaint sitting somewhere alleging that former State Senator John Unger was improperly appointed as a Berkeley County Magistrate due to a problem Trump might also face with a Supreme Court appointment.
Republican Party activist and Wood County GOP Chair Rob Cornelius complained at Unger’s appointment when it occurred weeks ago.
Cornelius, who does his research well, noted that as a state senator, Unger had voted for a pay raise for the Magistrate job. He cited state Code that says a legislator can’t subsequently benefit from a raise in this manner.
Simplified, if a legislator votes for a Magistrate pay raise starting with the 2020 term of office, then gets appointed to the position in 2021 where he or she gets the increase, it’s not proper according to the law Cornelius cited.
It’s called, generally, public legislation for private gain. It doesn’t matter, apparently, whether there’s any way the legislator could possibly know he or she will eventually benefit from the pay raise bill he or she votes for.
Judicial investigations logically and properly are more guarded than many others. Thus, we haven’t heard about the Unger complaint since Cornelius made it.
We do know from the exposure then that it was well-documented and placed in the right hands for action to be taken.
To say nothing has happened with the complaint would be assuming things we cannot rightly assume. The Judicial Investigation Commission doesn’t have to check in with us to provide updates. As much as we might like them to be, their investigations are not for public consumption.
It is easy to say that Unger violated the letter and spirit of the law. He voted, as a senator, to give Magistrates pay raises.
Now he is benefitting from that higher salary. Although he had no way of knowing what circumstances would create, he is benefitting from his own vote.
Of course he did not appoint himself. That has led some to the conclusion that the judge who appointed him, Circuit Judge Michael Lorensen, actually violated the law, not Unger.
That might put Unger in the clear but it surely wouldn’t benefit the judge.
Regardless, somebody must have violated the law. It’s doubtful Unger will serve as Magistrate and continue to get that increased salary.
Critics say there is no provision in law to pay Unger less just because he voted for the raise. Some solution is surely available.
So what’s the solution? And does it have anything to do with the Trump rumor?
Some at the capitol, seeking a way to defend the indefensible, told me late last week that any similar complaint about Trump and the Supreme Court is “moot” because nothing has been done about Unger.
It seems Trump would face a similar dilemma: voting for a Supreme Court pay raise he eventually got himself.
The “moot* argument lacks credibility, though. Nobody in authority, as yet, has ruled that they took a look at the Unger situation and decided it was legally okay. Nothing being decided means nothing is moot.
On the other hand — and I’ve mentioned this before — every time in recent history that there’s been a Supreme Court vacancy, Trump has been mentioned as a potential replacement. Each time he has said he’s not interested and wants to stay in the Eastern Panhandle.
It seems strange he’d suddenly be interested in joining the court when there would surely be a question regarding the salary issue and his eligibility.
Charlie Trump has such a sterling reputation that nobody is going to question his logic or honesty. He will do the right thing. No taxpayer needs to worry on this one.