Impeachment Trial of Justice Elizabeth Walker – Day One
Beth Walker is the first of four Justices of the West Virginia Supreme Court of Appeals to face an impeachment trial in the state Senate. Her trial began Monday, October 1, 2018. She is alleged to have failed to control wasteful spending on working lunches which the Justices enjoyed on argument days and other days when there were administrative of judicial conferences. She is also alleged to have wastefully spent $130,000 on the renovation of her office.
Regarding the lunches, the House impeachment managers sought to show that court employees such as security guards and clerks who were not working directly on legal matters shared in the lunches. They further showed that the lunches were purchased, not from fast food restaurants or the Capitol cafeteria, but rather at “upscale” restaurants in Charleston. The average cost of one of these lunches was $16.77 with tip. This is somewhat more than the $13 GSA per diem for federal employee travel reimbursement in Charleston. The GSA rates were incorporated by reference into the 2016 and 2018 versions of the Supreme Court of Appeals travel policy. The House impeachment managers will argue that the GSA rates should apply to working lunches that did not involve travel.
Justice Walker was not initially concerned about whether it was appropriate for her and other Justices to enjoy working lunches paid for by the state because, as an employment lawyer for 26 years, she knew that employer-paid working lunches were typical and not considered income to the employee. For that reason, she testified, that accepting these lunches was not illegal and did not cause her total compensation to exceed the $136,000 authorized by law.
When another Justice began not participating in the lunches, Walker also began to have some personal concerns and requested the total amount spent on these lunches in 2017. When she ultimately got these figures she repaid the state 1/5 of the total. Walker maintains there was nothing ethically wrong about these lunches but that she simply decided as a personal matter not to participate. The House impeachment managers pointed out that her personal concern did not begin until the “spotlight” of a FOIA request was shined on the practice. But the West Virginia Judicial Investigation Commission exonerated Walker of any wrongdoing in connection with the lunches.
Walker replaced Justice Benjamin, to whose former office she was assigned. Although she could have requested used furniture from storage, she proceeded with a design contract with an outside firm. This was not out of the ordinary as Justices typically do not ask for used furniture for their offices. The outside design firm chosen was low bidder, but the price it proposed was later raised in a change order. Walker’s objective was to have an office that was functional, brighter than Benjamin’s dark office had been and a place where she and her clerks could work comfortably. The House impeachment managers sought to show that when the renovation money spent by Benjamin in 2010 is added to the amount spent by Walker in 2017, it was the second highest amount among all. Although she testified that she regretted overspending taxpayer funds on her office she admitted that she had not repaid these excess costs.
As an Associate Justice who began her term on January 1 2017, Walker was not involved in the adoption or failure to adopt policies on taxable fringe benefits, the use of state charge cards, home offices, or the inventory of state property. The Court’s Chief Financial Officer testified that individual Justices were not able to issue or modify Court policies. Walker was not paid a per diem by the state for days when she worked; she did not use a state car; she never asked for reimbursement for mileage in her personal car; and she never used a state credit card. She paid for her judicial robe and catering at her swearing in ceremony out of her own pocket.
Walker was contrite about the working lunch allegation and office renovation overspending. She apologized to the assembled legislators and the state taxpayers. She admits that she should have been more aware and sensitive about overspending. However, she does not believe these things amount to grounds to remove her from office. She believes she can contribute to the restoration of public confidence in the court.
On Day 2, the House impeachment managers will call one additional witness and then Walker’s attorneys will call witnesses.
