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Gov. Justice files order, certifying former justice Robin Davis for retirement benefits

West Virginia Gov. Jim Justice issues an order, saying former state Supreme Court justice Robin Davis is eligible for retirement. (West Virginia Supreme Court)

West Virginia Gov. Jim Justice issued an order certifying that former state Supreme Court justice Robin Davis, who retired in the wake of an impeachment controversy, is eligible to receive retirement benefits.

The order from the governor, filed Aug. 14, said that Davis has credit service of 21 years, seven months and 28 days in the judges’ retirement system, and he certified that she is eligible to claim credit for service rendered as a justice.

On Aug. 14, Davis announced that she retired Aug. 13 as a justice. Davis’ announcement came after the West Virginia House of Delegates voted to approve four articles of impeachment against her.

Article Two accuses Davis of wasteful spending with regard to office renovations. Article Four accuses both Davis and Justice Margaret Workman of wrongfully approving the overpayment of senior-status judges during their tenure as chief justice. Article Five accuses Davis of signing forms to wrongfully approve the overpayment of senior-status judges. Article 14 accuses Davis, Workman and Justices Allen Loughry and Elizabeth Walker of failure to properly carry out administrative duties of the court.

The House also approved a total of 11 articles of impeachment against the justices, with seven articles of impeachment against Loughry, three against Workman and one against Walker.

West Virginia Senate members are now considering the impeachment articles and are expected to conduct trials.

When Davis made her announcement about her retirement, she gave a fiery speech and claimed the West Virginia House Judiciary Committee skipped the due process of law. She said the majority party (the Republicans) “ignored the will of the people who elected the justices of this court.”

"They've erased the lines of separation between the branches of government," she said.

In the governor’s order about Davis’ retirement, he directed the Office of the Secretary of State to file a certified copy of the order with the state auditor and to deliver certified copies to the Supreme Court and the Consolidated Public Retirement Board.

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