West Virginia Supreme Court Justice Brent Benjamin will appeal a judge's ruling last week that found him ineligible to use public campaign financing money for his reelection bid.
In a motion filed Tuesday, an attorney for Benjamin asked that Kanawha Circuit Judge Tod Kaufman put his ruling on hold while the decision is appealed to the Supreme Court. Kaufman found that the State Election Commission's decision in January to certify Benjamin for public campaign financing was "clearly erroneous" and reversed the decision.
"The case involves the interpretation of a new statute for which there is little precedent," Benjamin's attorney Jonathan Marshall wrote in a motion to stay filed Tuesday.
"It involves issues of first impression that are sharply contested by both parties. The Benjamin campaign maintains that the State Election Commission did not abuse its discretion in certifying Justice Benjamin for public financing. Justice Benjamin will therefore be filing an immediate appeal to the Supreme Court of Appeals of West Virginia, seeking to have the State Election Commission's decision in this case reinstated."
It will be up to individual justices to decide whether or not they recuse themselves from hearing the case involving their colleague, Marshall said Tuesday.
Beth Walker, another candidate for the one Supreme Court seat available in this year's election, filed the original complaint about Benjamin's financing with the SEC and appealed its decision to circuit court.
Kaufman found that Benjamin's campaign missed deadlines for filing the application for certification and a report of exploratory campaign contributions - issues the Walker campaign also raised in the SEC hearing, and that commissioners unanimously ruled were not valid.
Justices have also been asked to decide whether the SEC's decision allowing Beckley lawyer and former legislative leader Bill Wooton the use of public campaign financing money for his bid for Supreme Court should be upheld. Walker also filed a lawsuit challenging that decision, which is assigned to Kanawha Circuit Judge Charles King.
King, along with attorneys for Wooton and Walker, agreed Monday to send the issue directly to Supreme Court justices in a certified question. In an order containing the question, King said without explanation that he did not believe the SEC's ruling should be upheld.
In certifying public campaign financing money for Wooton last month, SEC commissioners ruled that they had the discretion to give Wooton the money, despite him being a day late in asking for it. Wooton is represented by Charleston attorneys Robert Berthold Jr., Robert Bastress and Patrick Maroney.
This is the second election in which public financing has been used. It's meant to protect the integrity of judicial elections by setting up a barrier between potential justices and big donors. Justice Allen Loughry used public money in winning his court seat in 2012, during a trial run of the financing system.
Former justice and state attorney general Darrell McGraw and Clay lawyer Wayne King are also running for Supreme Court.
Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.