On March 15, 2004, a final order was entered in the Circuit Court of Kanawha County by Judge Irene Berger in a legal dispute over a plan to issue over $3 billion in bonds, without a vote of state citizens, that would be intended cover various state pension liabilities. The lower court's four-page order granted summary in favor of the Governor and his administration, against a challenge by the State Treasurer John Perdue and the State Auditor Glen B. Gainer III. The lower court reasoned that the pension liabilities constituted an obligation of the State, which therefore constitutionally permits the State to pledge its credit. The lower court also rejected arguments that the Act in question violated the constitutional separation of powers principles and unlawfully usurped the power of the State Attorney General, Treasurer and Auditor.

Earlier this week, counsel for the Governor and his administration filed a Motion to Suspend the Rules and Expedite Appeal, which seeks to shorten the ordinary four-month appeal period that would apply. Earlier today, the Office of Attorney General filed a response in opposition to the motion. Ordinarily, motions of this nature would be considered at a regularly scheduled Miscellaneous Motions conference, such as the conference scheduled for next Thursday.

More papers have been filed in the case of State ex rel. Link v. King, Clerk, etc., where several petitioners have sought to compel the Kanawha County clerk to issue marriage licenses to same-sex couples. The case is set for initial consideration next Thursday, when the Court will deliberate in closed conference to determine whether to issue a rule to show cause and set the case for full argument. During conference deliberations, the Court will also decide pending motions. Here's a list of recent filings in the case:

• Motion to Intervene as party petitioners, filed on March 23 by Kanahwa County couple Jerry Allen Brace and Steven Clark Morgan.
• Initial Response, as requested by the Court under RAP 14(b), filed on behalf of Kanawha County Clerk Alma King by Kanawha County Prosecuting Attorney Michael Clifford on March 23.
• Motion by the Squirrel Party USA to Join as Amicus Curiae, filed by New Martinsville attorney H. John Rogers, on behalf of the Squirrel Party, U.S.A., on March 23.

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