by WV Attorney General Patrick Morrisey
CHARLESTON — West Virginia Attorney General Patrick Morrisey filed an emergency motion Friday on behalf of the state of West Virginia seeking clarification as the state Supreme Court of Appeals prepares to hear arguments regarding a vacancy from the state’s 9th Senatorial District.

The emergency motion explains the state’s view that the Supreme Court’s case law and rules indicate that the court’s issuance Wednesday of a rule to show cause should serve as a stay that temporarily prohibits any appointment that fills the vacancy.
The motion notes West Virginia Gov. Earl Ray Tomblin has stated that he may make such an appointment by Saturday. The motion further seeks an order from the court clarifying that a stay is in effect to prevent further confusion and complication.
View a copy of the emergency motion at