West Virginia: legislature moves to withhold judicial retirement benefits until state supreme court overturns a ruling

Last year’s attempt by the West Virginia legislature to impeach and remove from office several members of the state’s supreme court effectively ended when the state supreme court ruled the impeachment proceedings were unconstitutional. (State ex. rel. Workman v. Carmichael) Now members of the legislature have moved to withhold judicial retirement benefits unless that decision is overturned.

Hat tip to WV Clean Elections for the news article

Under SB 398 as amended yesterday by the House Judiciary committee, the payments for retirement benefits would cease unless Workman v. Carmichael is overturned.

Until State ex. rel. Workman v. Carmichael is overturned by the Court, and the Court fully recognizes that it has no legitimate constitutional authority over the powers of impeachment that solely belong to the Legislature, even in the case of limited judicial review, then the Legislature shall not fund the Judges’ Retirement System as set forth in this article.

The lead proponent argues that the move is an effort to check the courts. Opponents claim it violates the separation of power.

SB 398 now goes to the House Finance Committee.

3 thoughts on “West Virginia: legislature moves to withhold judicial retirement benefits until state supreme court overturns a ruling”

  1. Fascinating clash of co-equal branches. But why stop at retirement funds.? Are salaries for court employees sacrosanct? Judges salaries? If you are going to have a war, do it right.

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