A filing received by the West Virginia Supreme Court Friday alleges that “acting as governor” Earl Ray Tomblin has exceeded the constitutional bounds of his position.

Tomblin, as Senate president, found himself playing the role of governor in the absence of recently elected Sen. Joe Manchin. According to a writ of prohibition filed by Martinsville attorney H. John Rogers on behalf of the Christian Patriotic Front, Tomblin should not be collecting the governor’s salary or occupying the governor’s office or bed.

In a statement sent to The Associated Press, Tomblin dismissed the filing.

“The duties of the Office of Governor are immense, and require my attention on a full-time basis,” Tomblin told the AP. “I believe that this lawsuit is nothing more than an attempt to derail the progress West Virginia is enjoying. I hope that the state Supreme Court of Appeals will quickly dispense with this legal matter so they can return to addressing the serious issues before the court.”

The filing calls for Tomblin, a Logan County Democrat, to return all or a portion of the $150,000 governor’s salary, but warns that because he has been able to utilize the “salary and prerequisites of governor in his campaign,” even that would not be full retribution. Rogers added that Tomblin has an unfair advantage in the upcoming special election. If he comes to legally occupy the office governor in November, Rogers wrote in the filing, it would be through an “unlawful usurpation.”

The scheduling order originally called for a deadline of April 15 for additional filings, but Monday, the Supreme Court canceled the deadline, saying the matter is ready for consideration.

According to Rogers, Tomblin’s responsibilities are only to act as governor when needed. Rogers is pursuing State Auditor Glen Gainer to prevent him from continuing to pay Tomblin’s salary.

Gainer has previously argued before lawmakers that he found just cause and precedence for paying Tomblin the governor’s salary.

Rogers cites the Supreme Court’s earlier decision in that Tomblin is only supposed to temporarily act as governor.

“No pixie dust has landed on Mr. Tomblin transforming him into a person with gubernatorial powers. He was and remains president of the state Senate performing only those ministerial functions which are absolutely necessary.”

Rogers wrote it is acceptable for Tomblin to act as governor only in specific situations such as vetoing proposed legislation or “sacking the commissioner of Culture and History.”

“In sum, Mr. Tomblin is to act only in those circumstances when gubernatorial action is necessary to keep the ship of state afloat. He is not to attempt to circumnavigate the globe or even essay a trans-Atlantic crossing while he ‘temporarily’ acts as governor.”

At the most, Rogers stated, Tomblin is only entitled to gubernatorial compensation at an hourly rate for time when he is required to act as governor.

— E-mail: tkuykendall@register-herald.com