Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Lawyer files intent to sue again over governor's residency

A lawyer and former lawmaker in West Virginia has filed notice that he again intends to sue Gov. Jim Justice over his residency

Via AP news wire
Friday 17 September 2021 13:10 EDT

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A lawyer and former lawmaker in West Virginia has filed notice that he again intends to sue Gov. Jim Justice over his residency.

Isaac Sponaugle sent Justice a 30-day intent to sue notice Thursday for the governor's alleged failure to comply with a March 1 settlement agreement to reside at the seat of government in Charleston the Charleston Gazette-Mail reported.

“Jim Justice needs to decide what he wants to do with his time,” Sponaugle said. “He’s a part-time governor, part-time businessman, and part-time basketball coach. The only thing that he’s doing full-time is residing in Greenbrier County.”

Justice agreed in March to live in Charleston, ending a lawsuit Sponaugle filed in 2018 because the state constitution says the governor “shall reside at the seat of government."

At the time, Justice said through his attorney that he intended to reside in Charleston “consistent with the definition of ‘reside’ in the Supreme Court of Appeals’ opinion," according to the dismissal order signed by Senior Status Circuit Judge Dan O'Hanlon.

The court concluded in 2020 that “reside” is not a discretionary term, and determined that the constitutional definition of reside means “to live, primarily, at the seat of government and requires that the executive official’s principal place of physical presence is the seat of government for the duration of his or her term in office.”

Justice’s personal attorneys Mike Carey and Steve Ruby said in a statement Thursday that Sponaugle is “grasping for media attention by trying to revive this pointless suit.”

“The people of West Virginia know exactly how hard Governor Justice works and how much he’s accomplished for the state. They know he’s on the job for them every day, either in Charleston or out among the 99% of West Virginians who don’t live in the capital," the statement said.

It did not directly address Sponaugle’s assertion that Justice isn't abiding by terms of the March settlement, the newspaper reported.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in