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After second challenge, Jenkins, Armstead decry West Virginia Supreme Court removal efforts


Charleston Gazette-Mail

Tim Armstead, left, shakes hands with Evan Jenkins in Gov. Jim Justice’s office after both were appointed to fill vacancies on the West Virginia Supreme Court of Appeals until state voters make their picks in November’s general election.
(Gazette-Mail photo by Kenny Kemp)

CHARLESTON, W.Va. — After a second legal challenge to his candidacy for the West Virginia Supreme Court, Rep. Evan Jenkins, R-W.Va., on Thursday called the legal action a “desperate, partisan effort” to keep him off the court.

Former state House of Delegates Speaker Tim Armstead, who, like Jenkins, was appointed to the court last month by Gov. Jim Justice, said the challenge from Charleston lawyer William Schwartz was “legally unfounded.” Schwartz, who is also running for Supreme Court, filed a petition with the court Thursday seeking to remove Jenkins from the ballot and prohibit him and Armstead from temporarily serving on the court.

Schwartz also said Justice violated West Virginia law by appointing Armstead and Jenkins, both Republicans, to fill the seats vacated by former justices Menis Ketchum and Robin Davis, both elected as Democrats before state judicial races became nonpartisan in 2016.

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