Petition seeks to remove appointments of Jenkins, Armstead to state Supreme Court

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CHARLESTON, W.Va. (WDTV) - A petition filed with the West Virginia Supreme Court of Appeals Thursday seeks to remove the temporary appointments of Evan Jenkins and Tim Armstead to the court, and to remove Jenkins' name from the Nov. 6 ballot.

The petition was filed by William K. Schwartz, an attorney and former candidate to fill former justice Robin Davis' seat.

Governor Jim Justice appointed Jenkins to fill Davis' seat and Armstead to fill retired justice Menis Ketchum's seat. Schwartz's petition argues that neither Jenkins nor Armstead meet the qualifications needed to fill the seats.

Schwartz argues that Justice violated the state constitution by appointing Jenkins and Armstead because they are of opposite party of the justices they are replacing. He also argues that Armstead violated the Emoluments Clause, since he took part in voting to investigate the court for impeachment and seeking to fill one of the seats.

He also argues that the constitution prohibits Jenkins from running for the court since he has not practiced law for the entire last decade.

You can read the full petition by visiting the Related Document.

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