West Virginia: Circuit Judge-Elect suspended from office for campaign flier may be impeached by legislature

A West Virginia Circuit judge-elect who was suspended from office for knowingly publishing false statements against his opponent in the 2016 election is now facing an impeachment effort in the state’s legislature.

During the 2016 election cycle for West Virginia’s 28th Circuit Court Steven Callaghan sent a mailer to voters showing the incumbent judge parting with then-President Barack Obama. No such party took place but Callaghan won the election by a mere 220 votes. A complaint was lodged with the state’s judicial disciplinary commission and during those proceedings and to this date Callaghan never took office (thus “Judge-Elect”).

The state’s Supreme Court of Appeals on February 9 suspended Judge-Elect Callaghan for 2 years without pay and ordered him to pay $15,000 in fines.¬† The judiciary’s proceedings are now part of a federal lawsuit by Callaghan alleging First Amendment violations, but the state’s legislature has taken the first step of its own towards impeaching and removing Callaghan from office.

HR 10 of 2017 as filed quotes portions of the Supreme Court of Appeals’ opinion in suspending and fining Callaghan. The resolution goes on to question whether the actions move into the area of “maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor”, the language under the state’s constitution for an impeachable offense. It would require a majority of the House to send articles of impeachment to the Senate, which would try Callaghan and could remove him from office on a 2/3rds vote.

HR 10 authorizes the House Committee of the Judiciary to investigate¬†Callaghan’s conduct and report to the House either a recommendation to not impeach or, if to impeach, articles of impeachment.

HR 10 has been filed in the House Rules Committee.