December 26 – By STEVEN ALLEN ADAMS Staff Reporter CHARLESTON – After weeks of speculation and questioning, Gov. Jim Justice said Thursday he will delay being sworn in as West Virginia’s next U.S. senator until Gov.-elect Patrick Morrisey is formally sworn in. to prevent any continuity of government issues.
During his weekly government briefing, Justice said Thursday afternoon that he will resign as governor on Monday, Jan. 12, ahead of Morrisey’s swearing-in as West Virginia’s 37th governor.
“My whole thinking behind all of this is that continuity of government is essential during transitions,” Justice said.
New members of the US Senate and US House of Representatives could be sworn in as early as January 3, 2025. But the West Virginia Constitution sets the inauguration date for the governor and other constitutional officials of the executive branch as the first Monday after the election. second Wednesday in January, Monday January 13.
Justice said he has spoken with new President Donald Trump, who will be sworn in for his second term and first non-consecutive term on Monday, January 20. Justice also said he has spoken with U.S. Sen. Shelley Moore Capito, R-W.Va., and Republican leadership in the Senate.
“I have great respect for Governor Justice’s decision to make good on his promise to complete his term as Governor of the State of West Virginia,” Capito said in a statement Thursday. “I look forward to serving with Senator Justice as there is much to do to advance President Trump’s agenda on behalf of all West Virginians.”
Justice assured the public that there would be no major votes that would require him to take office between January 3 and 13.
“I could go further, and I could be sworn into the Senate between January 3 and President Trump takes office,” Justice said. “Some things will happen, but nothing will really happen until President Trump takes office. And I’m in constant contact with President Trump.”
If Justice were to resign during the six-day period between Jan. 3 and Wednesday, Jan. 8, 2025, it would create a vacancy in the governor’s office, forcing Senate President Craig Blair, R-Berkeley, to assume the responsibilities of governor to take. . The Senate President carries the honorary title of Lieutenant Governor, but the state constitution names the Senate President next in the line of succession.
Blair has been serving as Senate president since 2021 following the defeat of his predecessor, former Republican Sen. Mitch Carmichael of Jackson County, in the May 2020 GOP primary against current Senate Education Committee Chairman Amy Grady, R- Mason. But Blair was also defeated in the May 2024 primary by Berkeley County Attorney Tom Willis, who won his general election contest.
Earlier this month, the Senate Republican caucus nominated Senate Energy, Industries and Mining Committee Chairman Randy Smith, R-Tucker, as its nominee for Senate president. With only two Democratic lawmakers in the 34-member Senate, Smith’s election as Senate president is all but certain.
If Justice were to resign as governor before Jan. 8, that would mean Smith would also have had to serve as governor until Morrisey was sworn in on Jan. 13. Justice said delaying his dismissal would remove any confusion.
“I don’t think West Virginia needs four governors in 10 days,” Justice said. “I don’t think that should happen.”
The first and last time a Senate president assumed the temporary responsibilities of governor was in 2010, when Manchin — then in his second term as governor — won a special election to fill the remaining term of Democratic U.S. Senator Robert C. Byrd, who died before. year. Senate President Earl Ray Tomblin, a Democratic senator from Logan County, briefly served as governor until winning a special election for the office in 2011.
The state Senate created the temporary position of acting Senate president so that there would be no conflict involving Tomblin serving as Senate president while acting as governor. Jeffrey V. Kessler, former chairman of the Democratic Marshall County Senate Committee, served as acting Senate president until Tomblin’s election as governor. Kessler was later formally elected Senate President and served until Republicans gained the Senate majority in 2015.
Justice’s election on November 5 helped secure a 53-seat majority for Republicans in the Senate heading into 2025. Postponing his seat in the US Senate will reduce Justice’s seniority, but he said waiting to resign until Morrisey takes office is the best choice. right thing to do.
“Whether I am right or not, I believe this with all my soul: The people of West Virginia elected me to this office and they expected me to always do what is right,” Justice said. “I’ve been trying to do that, and I think I’m doing a good job at this point.”
Steven Allen Adams can be reached at sadams @newsandsentinel.com
