CHARLESTON, W.Va. (Legal Newsline) - New Martinsville lawyer H. John Rogers, in a filing received by the West Virginia Supreme Court on Friday, says Acting Gov. Earl Ray Tomblin shouldn't draw a governor's salary or receive other perks of the office.

According to The Associated Press, the lawyer, on behalf of The Christian Patriotic Front, is petitioning the Court to bar state Auditor Glen Gainer from paying Tomblin.

Rogers argues it is unconstitutional for Tomblin to receive the governor's $150,000 salary.

"At most, Mr. Tomblin might be entitled to compensation at an hourly rate" for time spent acting as governor, Rogers said in the filing, according to the AP. "The State Auditor has no legal authority to determine on his own who the employees of the State are and what is the correct rate of pay."

In his filing, Rogers also argues that Tomblin can't draw the governor's salary, occupy the office in the Capitol or live in the Governor's Mansion without an act of the Legislature allowing him to do so.

To view the entire article, visit the West Virginia Record.

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