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Introduced Version House Resolution 204 History

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HOUSE RESOLUTION 204

(By Delegate Folk)

[Introduced August 13, 2018 ]

 

Recommending the public reprimand and censure of Menis Ketchum and Brent Benjamin., former Justices of the Supreme Court of Appeals of the State of West Virginia.

WHEREAS, On the twenty-sixth of June, two thousand eighteen, House Resolution 201 was presented to the House of Delegates, authorizing the investigation of the Justices of the Supreme Court of Appeals of the State of West Virginia; and

WHEREAS, when that resolution was adopted by the House of Delegates it empowered the Committee on the Judiciary to, among other things, “report to the House of Delegates its findings of facts and any recommendations which the Committee on the Judiciary may deem proper” respecting the matters raised in the said House Resolution; and

WHEREAS, During the course of its proceedings pursuant to said House Resolution 201, the Committee on the Judiciary heard testimony and reviewed documentary evidence concerning the official conduct of Justices of the Supreme Court of Appeals of the State of West Virginia, including the official conduct of Menis Ketchum and Brent Benjamin, former Justices of that Court; and

WHEREAS, The Committee on the Judiciary has concluded its proceedings with respect to the said House Resolution 201 and, in addition to other recommendations otherwise dealt with, has submitted its findings and recommendation; and

WHEREAS, as a result of the aforementioned proceedings, the Committee has heard testimony and reviewed documentary evidence presented that the aforesaid Menis Ketchum and Brent Benjamin, former Justices of that Court; were at various relevant times individually each Chief Justice of the Supreme Court of Appeals of West Virginia, and unmindful of the duties of their high offices, and contrary to the oaths taken by them to support the Constitution of the State of West Virginia and faithfully discharge the duties of their offices as such Justices, while in the exercise of the functions of the office of Justices, in violation of their oaths of office, then and there, with regard to the discharge of the duties of their offices, commencing in or about 2012, did knowingly and intentionally act, and each subsequently oversee in their capacity as Chief Justice, and did in that capacity as Chief Justice severally sign and approve the contracts necessary to facilitate, at each such relevant time, to overpay certain Senior Status Judges in violation of the statutory limited maximum salary for such Judges, which overpayment is a violation of the provisions of W.Va. Code §51-2-13 and W.Va. Code §51-9-10, and, in violation of an Administrative Order of the Supreme Court of Appeals, in potential violation of the provisions of W.Va. Code §61-3-22, relating to the crime of falsification of accounts with intent to enable or assist any person to obtain money to which he was not entitled, and in potential violation of the provisions of W.Va. Code §5-10-45, relating to the crime of fraud against the West Virginia Public Employees Retirement System, and, in potential violation of the provisions set forth in W.Va. Code §61-3-24, relating to the crime of obtaining money, property and services by false pretenses, and, all of the above are in violation of the provisions of Canon I and Canon II of the West Virginia Code of Judicial Conduct; and

WHEREAS, The House of Delegates is of the opinion that the said Menis Ketchum and Brent Benjamin, former Justices of the Supreme Court of Appeals of West Virginia should be publicly reprimanded and censured for and because of their aforementioned conduct; therefore, be it

Resolved by the House of Delegates:

That Menis Ketchum and Brent Benjamin, former Justices of the Supreme Court of Appeals of West Virginia are hereby publicly reprimanded and censured for and because of this aforementioned conduct; and, be it

 

Further resolved, That the Clerk of the House of Delegates be and he is hereby directed to forward a copy of this resolution to the said Menis Ketchum and Brent Benjamin, former Justices of the Supreme Court of Appeals of West Virginia.

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