Jim Justice will almost certainly become West Virginia’s next senator. Whether he shows up for work is another question.
The current governor is rarely seen in the capital of Charleston, according to interviews with nearly a dozen people involved in West Virginia politics on both sides of the political aisle. Some said it was difficult to get in touch with him when seeking advice on his policy positions. That was very different from previous governors or other officials in state government.
Some West Virginia politicians said they are concerned about whether the Justice Department is adhering to the requirements of regularly commuting between their state and Washington. And that could be a problem for Senate Republicans.
“If the Democrats keep the Senate and the Republicans take it, the majority will be small anyway,” Republican West Virginia state Del. said. Elias Coop-Gonzalez. “That means a lot of those votes will really depend on him being there every time. And my personal opinion is that I don’t really have a lot of confidence that he will be there.”
Republicans have a good chance of winning control of the Senate next year, but they may only have a slim majority, possibly just one vote. Having a senator with poor attendance could be a major burden for Republicans in the House. Absences can cost them votes, especially when it comes to nominees.
“There’s an old saying that 80 percent of success in life happens, and Jim Justice rarely shows up,” said Democratic Secretary of State Mike Pushkin. “I don’t think anyone in West Virginia honestly believes that Jim Justice will be making regular appearances in Washington, DC.”
Justice’s campaign declined to respond to multiple questions regarding attendance concerns, including whether Justice will commit to maintaining a residence in D.C. while serving as senator or whether he plans to commute to Washington. Spokesman Roman Stauffer told POLITICO: “We decline to participate in this hoax of a story and are responding to your anonymous sources about the next U.S. Senator from West Virginia.”
There have been public concerns about the 73-year-old judge’s health. Sen. Rand Paul (R-Ky.) last year questioned whether the governor was in good health to serve. Three people interviewed for this article echoed these health concerns. One of them said Justice, who goes by the nickname “Big Jim,” has difficulty walking or standing for long periods of time.
Others said Justice has always been reluctant to give up certain preferences and comforts, pointing to his initial refusal to move to the state capital of West Virginia — despite the fact that living elsewhere is a violation of state law.
“There is concern — and it’s often talked about among lawmakers and among everyone here — about his poor health,” said a Republican Party state lawmaker who, like others for this story, was granted anonymity to speak candidly. “There has been talk from time to time about whether he would be able to physically hold out and complete his term.”
Justice, who was first elected as a Democrat in 2016 but switched parties the following year, is very popular in West Virginia. He handily won the Republican Senate primary against conservative Rep. Alex Mooney, although Mooney received an overwhelming majority of support from members of the state legislature. The governor is known for his affable personality and his English bulldog, ‘Babydog’, who regularly accompanies him at public events.
But people interviewed by POLITICO said the folksy appeal, combined with a widely beloved dog, sometimes shielded Justice from criticism.
“It’s an extension of him. Babydog is not a prop. It’s as if he turned the dog into an associative tool for his humanity,” said a Republican involved in state politics. “It’s weird.”
On Capitol Hill, many lawmakers bring their dogs to their offices during the day, but it’s not clear whether Justice would be able to bring Babydog to the Senate floor, where strict rules apply (senators were only allowed to bring their babies under one year old on the floor as of 2018). The Senate Rules Committee did not respond to a request for comment on whether dogs are allowed in the chamber.
As governor, Justice also refused to give up his job as basketball coach at Greenbrier East High School, about a two-hour drive from the state capital. And his opposition to a move to the state capital got him indicted in his first term. He had originally chosen to live in Lewisburg, about 100 miles away. West Virginia has a residency requirement that requires governors to reside in Charleston. In 2021, Justice relented and took action.
Still, some lawmakers who acknowledged the governor’s allegedly low turnout defended Justice’s overall record and said they expect him to prioritize West Virginia issues in Congress and serve as a senator. Three suggested he would work across the aisle while upholding conservative values.
“He’s not always there,” Republican state Del. said. Geno Chiarelli. “He wasn’t always the most transparent. It wasn’t always easy to catch him. But when push came to shove, when push came to shove, we knew what he wanted. He added that Justice Department staff “can give us the information we need.”
Senate President Craig Blair, also a Republican, acknowledged that Justice is “a delegator” but said he is confident the governor “will assess the situation and determine what he needs to do to appropriately serve West Virginia in the United States Senate.”
Justice is running against former Wheeling Mayor Glenn Elliott, smacking the Democrat in the few public polls available. The seat will be vacated by retiring Sen. Joe Manchin (IW.Va.), who has opted to retire.
Manchin, who endorsed Elliott, was relatively tight-lipped about the governor in a brief interview. When asked about Justice Department’s alleged attendance issues, Manchin responded, “I don’t have to comment on that. Just get the state calendar.”
The Senate Democrats’ campaign arm tried to obtain the official schedule from Justice in 2023 through a public records request. The Justice Department did not share this, writing in a response that “none of the above individuals maintain a schedule or calendar solely for official business.”
In 2019, during the governor’s first term, The Associated Press obtained a seven-month copy of Justice’s schedule, which showed he rarely met with his cabinet and was largely absent from the statehouse.
“All I know is that the amount of time and effort — and you see us running back and forth and running to all kinds of different things — takes an awful lot of energy, a lot of time,” the 77-year-old Manchin said. “But I hope he can represent the people of West Virginia as he should, if elected.”