W.Va. SC grants McGraw's motion to intervene in financing case

Jessica M. Karmasek Aug. 29, 2012, 9:45am


CHARLESTON, W.Va. (Legal Newsline) - The West Virginia Supreme Court of Appeals has granted Attorney General Darrell McGraw's motion to intervene in a lawsuit over the state's Public Campaign Financing Pilot Program.

The state's high court issued a brief, two-page order granting McGraw's controversial motion late Tuesday.

"The Court is of opinion to and doth hereby grant the motion to intervene," it wrote.

"It is therefore ordered that the Attorney General Darrell V. McGraw Jr. be, and he hereby is, made a party in this matter."

Managing Deputy Attorney General Barbara Allen, writing for McGraw, explained in the motion filed with the Court late Friday, that the petitioner in the state case -- Supreme Court candidate Allen Loughry -- and the respondents -- Secretary of State Natalie Tennant, Gary A. Collias, William N. Renzelli and Robert Rupp -- all argue that the matching funds provision is constitutional.

However, the other two named respondents, State Auditor Glen Gainer and State Treasurer John Perdue, take no position.

"Thus, the case is in an unusual procedural position: the only individual or entity taking a position adversarial to the petitioner's position is not a party to the litigation," Allen wrote in the three-page filing.

"In the event this Court rules in favor of the petitioner, there will be no party with standing to seek review in the United States Supreme Court; and in the event this Court rules against the petitioner, there will be no adversarial party in certiorari proceedings (should the petitioner elect to file such proceedings)."

Allen said the attorney general's only interest in the litigation -- and his only purpose for filing the motion -- is to ensure that the arguments in the case "may be tested at every level through adversarial proceedings, the foundation of our system of justice."

To read the rest of this story, go to the West Virginia Record.

From Legal Newsline: Reach Jessica Karmasek by email at jessica@legalnewsline.com.

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