Allen Loughry

Allen H. Loughry II was a justice of the Supreme Court of Appeals of West Virginia.^[1] He was elected to the court as a Republican November 6, 2012, for a term that began in January 2013.^[2] Loughry resigned November 12, 2018.^[3]

On June 20, 2018, Loughry was indicted on 22 federal counts of fraud, witness tampering, and making false statements.^[4][5] On October 12, a jury found Loughry guilty of 11 counts and innocent of 10 counts. The jury was hung on one count.^[6] Loughry was ultimately sentenced to two years in prison, three years of supervised release, and a $10,000 fine. Click here for more information on the criminal proceedings.

On August 13, 2018, the West Virginia House of Delegates voted to impeach Justice Loughry.^[7] See this article for more information about the impeachment proceedings.

Education

Loughry received his undergraduate degree from the Perley Isaac Reed School of Journalism at West Virginia University. He earned four law degrees:

• a J.D. from the Capital University School of Law in Columbus, Ohio,
• an S.J.D (doctor of juridical science) and an LL.M. (master of laws in law and government) from The American University, Washington College of Law, and
• an LL.M. (master of laws in criminology and criminal justice) from the University of London.

Loughry also studied law at the University of Oxford in England, where he received the program's top political science award. He turned his doctoral thesis into a book about the history of political corruption in West Virginia.^[8][9]

Career

• 2013-2018: Justice, West Virginia Supreme Court of Appeals
  • 2017-2018: Chief justice
• 2003-2012: Law clerk for the West Virginia Supreme Court of Appeals. Loughry worked for several justices, lastly for Justice Margaret Workman.
• 1997-2003: Senior assistant attorney general, Office of the Attorney General of West Virginia. Loughry served in both the appellate and administration divisions.
• 1988-1989: Personal assistant to the prosecuting attorney of Tucker County

Loughry also served as a special assistant to U.S. Rep. Harley O. Staggers, Jr. (D) and as a direct aide to West Virginia Governor Gaston Caperton (D). In 1997, Loughry completed a legal externship at the Ohio Supreme Court.^[2]

Elections

2012

See also: West Virginia judicial elections, 2012

Loughry, after running unopposed in the Republican primary May 8, won election to the court in the general election November 6.^[10] Loughry was the only candidate to participate in West Virginia's public financing pilot program, which was open only to supreme court candidates in the 2012 campaign.^[11]

Noteworthy events

Conviction and sentencing on federal fraud charges (2019)

See also: Noteworthy criminal misconduct in American politics (2017-2018)

Indictment

On June 8, 2018, Loughry was suspended without pay.^[4] On June 20, he was indicted on 22 federal counts—two counts of wire, radio, or television fraud; 16 counts of fraud and swindles; one count of witness tampering; and three counts of making false statements. Loughry was accused of improperly using state vehicles, spending state funds for personal use, having state-owned property at his home, and lying to federal investigators about the property. The indictment said Loughry acted "with intent to defraud, misused and abused his position, power and authority." The indictment followed a 32-count judicial complaint filed by the state Judicial Investigative Commission on June 6 which alleged Loughry had made "false statements with the deliberate intent to deceive" and "gave disinformation with the intent to harm another person." He pleaded not guilty to the charges.^[12]

Lawmakers from both parties called on Loughry to resign, including Gov. Jim Justice (R), Senate President Mitch Carmichael (R), House Speaker Tim Armstead (R), and Democratic Minority Leaders Tim Miley and Roman Prezioso.^[13]

The U.S. Attorney's Office filed a charge of obstruction of justice against Loughry on July 17, 2018, and two additional charges of fraud were brought in August 2018, amounting to 25 charges total.^[12][14]

Loughry pleaded not guilty in federal court on August 23, 2018.^[15]

Trial

Loughry's trial in federal court began October 3, 2018. Three of the 25 charges—one count of obstruction of justice, one of lying to federal investigators, and one of mail fraud—were dismissed before opening statements.^[16]

Loughry took the stand in his own defense October 8 and October 9. He denied allegations of using state cars for personal trips and said court staff misled him on spending and home office policies.^[17]

On October 10, the prosecution and the defense held closing arguments. Prosecutors said Loughry abused his power and exhibited a sense of entitlement. The defense argued there was not enough evidence to convict Loughry beyond a reasonable doubt.^[18][19]

Guilty verdict

On October 12, the jury found Loughry guilty of 11 counts: seven counts of wire fraud, two counts of making false statements, one count of witness tampering, and one count of mail fraud. He was found innocent of 10 counts. The jury was hung on one count.^[6][20] On January 11, 2019, U.S. District Judge John Copenhaver acquitted Loughry of the charge of witness tampering.^[21]

Sentencing

On February 13, 2019, Loughry was sentenced to two years in prison, three years of supervised release, and a $10,000 fine in federal court. At his sentencing, Loughry said, "I am fully aware of the seriousness of this matter on me and my family. I do not wish to minimize or trivialize this matter. This situation has changed my life and the life of my family forever." John Copenhaver, the U.S. District Judge presiding over the sentencing, responded, "Except for the statement you’ve just given I have not seen evidence of remorse."^[22]

Resignation (2018)

On November 9, 2018, Gov. Jim Justice (R) issued a proclamation for a special session, set to convene November 13, to "consider matters relating to the removal of Allen Loughry, Justice of the Supreme Court of Appeals of West Virginia, including, but not limited to, censure, impeachment, trial, conviction, and disqualification."^[23]

On November 10, Loughry submitted his resignation, effective at close of business November 12.^[3]

On November 11, the governor rescinded the proclamation for the special session at the request of Senate President Mitch Carmichael (R) and House Speaker Roger Hanshaw (R).^[24]

Investigation and impeachment proceedings (2018)

See also: Investigation and impeachment proceedings of West Virginia Supreme Court justices (2018)

On August 13, 2018, the West Virginia House of Delegates approved 11 of 14 articles of impeachment against four of the state supreme court's sitting justices.^[25]

Of these 11 articles, Loughry was named in seven, Robin Jean Davis in four, Margaret Workman in three, and Beth Walker in one. The articles against Loughry dealt with alleged misuse of state funds in renovating office space, misuse of state property, and authorizing the overpayment of senior status judges in violation of state law.^[25]

Click the gray box below for further information on the articles of impeachment that named Loughry. Click here for more information about the investigation and impeachment proceedings.

Removal as chief justice (2018)

See also: Investigation and impeachment proceedings of West Virginia Supreme Court justices (2018)

On February 16, 2018, Justice Margaret Workman replaced Loughry as chief justice. Loughry's replacement was announced in the wake of investigations into court spending. Delegate Mike Pushkin (D) asked the West Virginia House Judiciary Committee to investigate whether Loughry should be impeached. Sen. Richard Ojeda (D) introduced a resolution calling for impeachment proceedings to begin.^[26]

See also

External links

• West Virginia Supreme Court of Appeals

Footnotes