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Former Justice Davis files federal lawsuit against West Virginia governor, legislature

By STEVEN ALLEN ADAMS

The Parkersburg News and Sentinel

West Virginia Supreme Court Justice Robin Davis
(News and Sentinel photo by Steven Allen Adams)

CHARLESTON, W.Va. — Adding another wrinkle to the impeachment process against members of the West Virginia Supreme Court of Appeals, a justice who resigned is taking those who initiated the impeachment process and voted for her impeachment to federal court.

Robin Jean Davis, who resigned Aug. 13 when the House of Delegates adopted 11 articles of impeachment against all remaining elected justices, filed a complaint Wednesday in the U.S. District Court of Southern West Virginia.

The complaint said the House of Delegates had no factual or legal basis for impeaching the justices, calling the charges incomplete and invalid. Davis’ attorneys argue that the impeachment process violates Davis’ constitutional rights of free speech, due process, equal protection and violates the state Constitution’s requirement for separation of powers and judicial independence.

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