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Senate Journal


Day 01 (06-26-2018) - [PDF]
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Day 99 (10-02-2018) - [PDF]

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-THIRD LEGISLATURE

SECOND EXTRAORDINARY SESSION, 2018

NINETY-NINTH DAY

____________

Charleston, West Virginia, Tuesday, October 2, 2018

The Senate met at 9:03 a.m.

(Senator Carmichael, Mr. President, in the Chair.)

Prayer was offered by the Honorable Patricia Puertas Rucker, a senator from the sixteenth district.

The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Michael A. Woelfel, a senator from the fifth district.

Pending the reading of the Journal of Monday, October 1, 2018,

At the request of Senator Trump, unanimous consent being granted, the Journal was approved and the further reading thereof dispensed with.

The time having arrived for the special order of business for the Senate to resolve itself into a Court of Impeachment to consider proceedings against Elizabeth D. Walker, Justice of the Supreme Court of Appeals of the State of West Virginia, the special order thereon was called by the President and, after proceedings had therein, as stated in the record, the Senate resumed its session.

(Senator Carmichael, Mr. President, in the Chair.)

            On motion of Senator Ferns, at 1:05 p.m., the Senate recessed for 15 minutes.

            The Senate reconvened at 1:39 p.m. and proceeded to the sixth order of business.

            At the request of Senator Ferns, and by unanimous consent, Senators Carmichael (Mr. President), Boso, Ferns, Gaunch, Rucker, Maroney, Blair, Cline, Takubo, Drennan, Maynard, Clements, Mann, Boley, Palumbo, Woelfel, Jeffries, Prezioso, Beach, Stollings, Facemire, Baldwin, Unger, Plymale, Trump, Ojeda, Smith, Sypolt and Romano offered the following resolution from the floor:

Senate Resolution 205—Publicly reprimanding and censuring Justice Elizabeth D. Walker of the Supreme Court of Appeals of West Virginia.

Whereas, Justice Walker was named in Article of Impeachment XIV, which alleges that the Justices of the Supreme Court of Appeals generally and collectively failed to provide or prepare policies and reasonable supervisory oversight of the operations of the Court and in the absence of such policies and oversight, wasted state funds on unnecessary renovations, travel, computers for home use, lunches, and the framing of personal items; and

Whereas, The House of Delegates also adopted House Resolution 203 censuring all then-sitting Justices related to their conduct concerning, among other things, the spending on their personal offices; and

Whereas, Justice Walker has publicly acknowledged the need for changed policies and practices to rebuild public trust in the Court; and

Whereas, The West Virginia Senate believes that Justice Walker should work to implement reforms to improve the administration of the Court and prevent future inappropriate expenditures and to ensure compliance with all applicable laws and regulations governing the conduct of the Court; and

Whereas, Justice Walker supports increased legislative oversight, transparency, and accountability of the Supreme Court of Appeals; therefore, be it

Resolved by the Senate:

That the Senate hereby publicly reprimands and censures Justice Elizabeth D. Walker of the Supreme Court of Appeals of West Virginia; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Justice Walker.

At the request of Senator Ferns, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

Under authority of Senate Concurrent Resolution 201, adopted June 26, 2018,

On motion of Senator Ferns, at 1:41 p.m., the Senate adjourned until Monday, October 15, 2018, at 9 a.m.

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