Democrats want Greear to exit Hanshaw data center case

CHARLESTON -- The West Virginia Democratic Party says the chief judge of the West Virginia Intermediate Court of Appeals to recuse himself from any cases involving House of Delegates Speaker Roger Hanshaw and his data center development client “due to serious and unavoidable conflicts of interest.”

In an April 16 press release, the party says ICA Chief Judge Dan Greear has too many ties to Hanshaw (R-Clay).

Hanshaw, who works for the Charleston law firm of Bowles Rice, is one of three attorneys from the firm representing Fundamental Data in a case before the ICA.

The filing notifying the ICA of Hanshaw’s representation of the company was filed March 16, just two days after the 2026 legislative session ended.

During the 2025 session, Hanshaw (R-Clay) played a key role in enacting legislation deregulating data centers in the state. During this year’s session, lawmakers also passed legislation specifying how data center laws will be implemented.

Mike Pushkin, chairman of the West Virginia Democratic Party, takes issue with Hanshaw representing a data center developer in court while simultaneously presiding over the West Virginia House of Delegates as Speaker and advancing legislation benefiting those same interests, including the passage of House Bills 2014 and 4983. 

But the Democrats also call for Greear to recuse himself from the case.

Greear previously served as Hanshaw’s Chief Counsel before his appointment to the ICA in 2022. Since then, Hanshaw has hosted multiple fundraisers supporting Greear’s campaign, raising nearly $60,000.

Also, Greear’s son has worked for Bowles Rice each of the last two summers in the firm’s Charleston office, and he will work in the firm’s Morgantown office as of this fall.

Pushkin, who also is a delegate, says the West Virginia Code of Judicial Conduct is clear that a judge must “disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned.”

“These facts alone raise serious ethical concerns,” said West Virginia Democratic Party Chair Mike Pushkin. “But when you layer on Chief Judge Greear’s deep personal, professional, and financial ties to Speaker Hanshaw, the need for recusal becomes undeniable.”

“This is not a close call. When a judge has close professional monetary, and political, ties to an attorney appearing before the court – particularly one who also wields extraordinary power as Speaker of the House – public confidence in the fairness of the judicial system is at risk.”

As Pushkin notes, the West Virginia Ethics Commission has previously recognized the unique authority of the House Speaker, noting that the position “has far more power than all but one other member of the Legislature [the Senate president]” and receives greater compensation than rank-and-file legislators.

“That level of influence only heightens the stakes,” Pushkin said. “West Virginians deserve to know that cases involving powerful political insiders are being decided on the merits – not clouded by campaign contributions, relationships or political favoritism.

“The West Virginia Democratic Party is calling on Chief Judge Greear to immediately recuse himself from any proceedings involving Speaker Hanshaw and his data center clients in order to uphold the standards of judicial ethics and to maintain public trust in the judiciary.”

A West Virginia Courts spokesman said Greear notified all parties in the case about the potential conflicts, but none have sought his disqualification.

“The Judges of the Intermediate Court of Appeals of West Virginia do not issue press statements regarding active cases pending before the court,” Jared Hunt, spokesman for the court told The West Virginia Record. “Per the requirements of the Code of Judicial Conduct, nearly a month ago, Chief Judge Greear sent … notice to the parties in this case, which provides information and affords the parties the opportunity to file an objection or motions for disqualification. To date, none of the parties in this case have filed a motion seeking disqualification.

“The court will not respond to statements by outside interest groups who are not a party to a case.”

In that disclosure notice dated March 18, ICA Chief Deputy Clerk Ashley N. Deem writes that Greear’s son worked as a summer associate at Bowles Rice in the firm’s Charleston office during the summers of 2024 and 2025 and will be employed in the firm’s Morgantown office beginning this fall.

“It is Chief Greear’s understanding that his son did not participate in representation of any party to this matter nor was his son’s compensation dependent upon the outcome of this matter,” Deem wrote. “Furthermore, more than four years ago, Chief Judge Greear served as Chief Counsel to the House of Delegates while Roger Hanshaw served as Speaker of the House of Delegates.

“Chief Judge Greear is of the opinion that there is no basis for his disqualification in this matter. Nevertheless, out of an abundance of caution, and in order to avoid the appearance of impropriety, Chief Judge Greear requests that if there is an objection, the objecting party file a motion for disqualification …

“Additionally, Judge Charles O. Lorensen, will not participate in any deliberations or decisions concerning the above referenced case, pursuant to Rule 33B of the West Virginia Rules of Appellate Procedure, as Judge Lorensen’s son, William M. Lorensen, represents Respondent Fundamental Data, LLC.”

While there is a deadline listed in the note to file an objection that already has passed, Hunt said the court still would entertain a motion from the parties at any point as a case moves forward.