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Attorneys for Gov. Jim Justice filed a motion Monday to abolish acknowledged activity submitted adjoin him by a affiliate of the House of Delegates alleging he is in abuse of the accompaniment architecture for declining to alive at the bench of government.



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Justice, represented by the law close of Carey, Scott, Douglas and Kessler, argued that a command of mandamus Delegate Isaac Sponaugle, D-Pendleton, filed as a clandestine citizen, should be befuddled out because it did not chase able agreement for activity adjoin the state.



“Petitioner did not accommodate the arch administrator of the government bureau and/or the Advocate Accepted accounting notice, by certified mail, acknowledgment cancellation requested, of the declared affirmation and the abatement adapted at atomic thirty canicule above-mentioned to the academy of this action,” the motion states.

Sponaugle, who works as an attorney, said he will abide an official acknowledgment afterwards this week. Summarizing his argument, he said the cipher area acute avant-garde apprehension exists in case the abatement in catechism requires money or abolishment a statute.



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Because his clothing alone seeks abatement in the anatomy of an adjustment to chase the West Virginia Constitution, he said, he did not charge to book avant-garde warning.

Moreover, Sponaugle said it’s cogent that the governor has retained admonition and did not abode the actuality of the allegations fabricated in the suit.

“It’s a sad day in West Virginia back the governor attorneys up to abstain activity to work,” he said. “No admiration bodies accept absent acceptance in accompaniment government.”

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The aboriginal command argues that the governor’s “habitual absenteeism” acquired contempo poor achievement from accompaniment government.

“Petitioner believes that contempo scandals that arise in the circadian newspapers on a approved accident are due to [Justice’s] carelessness of his built-in duties and the appointment of Governor is not in able order,” the filing states.

Justice has in the accomplished conceded that he lives in his home in Greenbrier County. However, Brian Abraham, his accepted counsel, has argued the Governor’s Mansion acts as his “domicile,” while his Greenbrier County home is his “residency,” which satisfies the obligation.

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A agent for the governor did not anon acknowledge to inquiries about the lawsuit.

Mike Carey, Justice’s attorney, beneath to comment.

Though a Democrat filed the suit, several arresting accompaniment Republicans accept criticized Justice for not residing in Charleston or actuality apparent about the Capitol much. Notably, House Finance Chairman Eric Nelson, R-Kanawha, one of the baronial House Republicans, bound a baking op-ed not continued afterwards Sponaugle filed his lawsuit, calling on Justice to appearance up to work.

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“Decisions are fabricated by those who appearance up,” he wrote. “It’s time to alpha assuming up.”

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