West Virginia's Capitol dome is shown on Oct. 14, 2005, in Charleston, W.Va. (AP Photo/Jeff Gentner, File)

In a scheduling order release by the state Supreme Court of Appeals Friday afternoon, Morrisey and Hanshaw, R-Clay, have until Monday, Jan. 27, to file a response to the petition filed Tuesday by the state Democratic Party.

State Democratic leaders are seeking the court to order Morrisey to appoint one of three names submitted by the Berkeley County Democratic Executive Committee to fill the vacancy created by the House on Jan. 8 when it adopted a resolution declaring the 91st House seat vacant after de Soto was unable to be sworn in for his two-year term.

According to the scheduling order, once the governor’s office and Hanshaw have filed their responses to the Democratic Party’s writ of mandamus, a written decision in the case will be released at a later date.

The mandamus lawsuit is requesting one of two things: that the Supreme Court require the House to seat de Soto as the lawfully elected delegate for the 91st District and administer the oath of office as soon as de Soto is able to appear in the House chamber as required by the state Constitution; or require Morrisey to accept the three recommendations for de Soto as submitted by the Berkeley County Democratic Executive Committee.

Thiis photo provided by the West Virginia Divisions of Corrections and Rehabilitation, shows Joseph de Soto, was elected to serve in the West Virginia state House of Delegates as a Republican in November, following his arrest on at least one felony charge for making terroristic threats on Thursday, Dec. 12, 2024 in Martinsburg, W.Va. (West Virginia Divisions of Corrections and Rehabilitation via AP)

De Soto was elected in November as a Republican to represent the 91st District in Berkeley County but switched his registration to Democrat following a contentious closed-door meeting of the House Republican caucus on Dec. 8. The caucus held a vote and agreed to move forward with expulsion of de Soto over allegedly false claims about his military service. De Soto switched parties on Dec. 11, according to the Secretary of State’s Office.

De Soto was arrested on Dec. 12 on felony charges of making terroristic threats after a West Virginia State Police investigation into threats made by de Soto to another person regarding several lawmakers. De Soto has since been placed on home confinement after posting a $150,000 bond. A Berkeley County magistrate also submitted de Soto’s case to a grand jury.

On top of home confinement, two protective orders from House members prohibit de Soto from being able to go to the Capitol until 10 days following the conclusion of the 2025 regular legislative session, which ends on Saturday, April 12. The state Constitution requires legislators to take their oath of office in the House chamber.

The House adopted House Resolution 4 during its Jan. 8 organizational session, declaring de Soto’s 91st District seat forfeited. HR 4 states that due to the seat being forfeited by de Soto, the seat remains a Republican seat despite de Soto’s party switch and the vacancy must be filled by Morrisey appointing a Republican.

State Code 3-10-5 requires legislative vacancies to be filled by the governor from three qualified individuals submitted by a political party executive committee of the same party of the office holder within 15 days of the vacancy.

The Berkeley County Democratic Executive Committee submitted the names of Hedgesville residents David Michaels and Stephen Willingham and Timothy Lee of Inwood. The Berkeley County Republican Executive Committee has not submitted nominees as of yet. The deadline to submit names to the governor is Jan. 22.

Steven Allen Adams can be reached at sadams@newsandsentinel.com