WV Supreme Court Justice charged with ethics violations.

[UltraVires]

Update: Impeachment Trials will proceed despite accepted “plea” offer.

W.Va. senators move ahead with impeachment trials, even for the justice who...

Short version. The House Managers offered to withdraw the charges against Walker and Workman in exchange for censure and a pledge to control the Court’s finances going forward. The Senate rejected the proposal and will proceed to trial.

I have some issues with this. The analogy here is that the House is the Prosecutor and the Senate is the jury. Why should a jury be able to reject a plea bargain? What happens if the House opens and immediately rests its case?

[Lord_Feldon]

@UltraVires

I have some issues with this. The analogy here is that the House is the Prosecutor and the Senate is the jury. Why should a jury be able to reject a plea bargain?

But it’s not a jury, and the House isn’t a prosecutor. They’re legislative bodies engaging in a political process. What would happen if the House tried to retract a bill that it passed and sent to the Senate? Unless the West Virginia constitution has some weird stuff in it, I’m guessing the Senate could pass it with no alteration and send it to the governor, and the House would have no recourse but to whine. If the House wanted to negotiate an alternative resolution, it shouldn’t have pulled the trigger when it did. Nuclear missiles can’t be called back once they’re launched.

@UltraVires

What happens if the House opens and immediately rests its case?

The West Virginia constitution uses the same “sole power” language as the federal constitution, so presumably it would be the Senate’s job to figure out what to do.

[UltraVires]

@Lord_Feldon

But it’s not a jury, and the House isn’t a prosecutor. They’re legislative bodies engaging in a political process. What would happen if the House tried to retract a bill that it passed and sent to the Senate? Unless the West Virginia constitution has some weird stuff in it, I’m guessing the Senate could pass it with no alteration and send it to the governor, and the House would have no recourse but to whine. If the House wanted to negotiate an alternative resolution, it shouldn’t have pulled the trigger when it did. Nuclear missiles can’t be called back once they’re launched.

The West Virginia constitution uses the same “sole power” language as the federal constitution, so presumably it would be the Senate’s job to figure out what to do.

1. I understand your point, but impeachment is not legislation; it is very prosecutorial in function. I fail to see why the same rules in civil or criminal trials should be withdrawn. Likewise, if a prosecutor indicts a defendant for murder, should the jury be able to deny a dismissal if the prosecutor determines otherwise? Why doesn’t the same nuclear missile analogy apply?

2. Nitpick. The Senate has the “sole power” to “try” impeachments. That language does not demand a trial anymore than a person indicted for a criminal charge must stand trial regardless of his own wishes or the wishes of the prosecutor. Does the corresponding language that the Chief Justice preside over the trial (in this case the Acting Chief Justice) mean that he can direct a verdict? If not, why does he not have the same power as a judge in any other trial?