Hearing Will Determine Whether Two Jefferson County Officials Stay In Office

Two members of the Jefferson County Commission could be removed from office, depending on a court ruling. The commissioners skipped months of meetings in protest of vacancy proceedings.

This is a developing story and may be updated. 

Two members of the Jefferson County Commission could be removed from office, depending on a decision from the state’s 23rd Judicial Circuit Court.

Proceedings began Tuesday in a hearing against Commissioners Tricia Jackson and Jennifer Krouse, who came under scrutiny in late 2023 for skipping months of meetings while still collecting their salaries.

Jackson and Krouse described their absence as a protest against vacancy proceedings.

The commission was required to appoint one of three candidates selected by the Jefferson County Republican Executive Committee (JCREC) to a seat vacated by Republican Commissioner Claire Ath in June 2023.

But the commission quickly came to a deadlock. Jackson and Krouse raised concerns over both the JCREC’s nomination process and the commission’s vacancy procedure.

On Facebook, Krouse said the Commission was not provided “actual conservatives,” and that elected Republicans are often “incompetent, self-interested [or] closeted liberals,” MetroNews previously reported.

In November, a judge ordered that Krouse and Jackson resume attending meetings, and they obliged.

The commissioners’ absence drew attention from state lawmakers, who moved to clarify vacancy protocol with a bill that swiftly passed both chambers.

While meetings have since resumed, local authorities said they are still pursuing legal recourse over what they described as a months-long standstill in local government.

In March, the two commissioners were charged with 42 misdemeanors.

And Jefferson County Prosecuting Attorney Matt Harvey said he would follow through with a petition he filed in November 2023 to remove them from office.

Harvey, also a Republican, did not respond to a request for comment on this story Wednesday morning. At the time of the request, a staff member at the attorney’s office said Harvey was at the courthouse for the hearing, which continued through Wednesday.

However, in the November petition — first published online by the Spirit of Jefferson — Harvey described it as his “sworn duty to protect the county, uphold the rule of law and hold all citizens, including elected officials, accountable for their unlawful actions.”

Later in the petition, Harvey argues it is a “mandatory duty” in the West Virginia Code for county commissioners to fill vacancies.

“By refusing to attend meetings, [Jackson and Krouse] have willfully blocked the commission from performing its mandatory statutory duty,” he wrote. They have also “stated their opposition to the slate of replacements put forward.”

Jefferson County Commissioners Tricia Jackson and Jennifer Krouse refused to attend meetings from early September to late November 2023.
Photo Credit: Jack Walker/West Virginia Public Broadcasting

During the first day of the hearing, Harvey’s arguments centered around tasks the county commission was unable to complete during the commissioners’ absence, The Journal reported.

Because of their absence, the commission struggled to meet quorum. This meant they were unable to hire 911 dispatchers, provide a grant to victim advocates or apply for funding to improve the county courthouse, the Associated Press reported.

Additionally, Harvey questioned witnesses about posts the commissioners made to Facebook denouncing candidates selected by the JCREC.

In September, Krouse wrote that the candidates all had “strong ties to progressive, green energy,” according to the petition.

This contradicted previous claims that Jackson and Krouse were avoiding commission meetings out of concern for vacancy protocol, Harvey argued.

The office of legal counselors for Jackson and Krouse declined to comment on this story.

In her cross-examination, Jackson and Krouse’s attorney Traci Wiley asked members of the commission why they refused to remove the vacancy procedure from meeting agendas.

Previously, Jackson and Krouse stated they would attend meetings so long as the vacancy was not discussed.

“The law stated we shall appoint,” said Commissioner Steve Stolipher, a Republican, during his testimony. “If I had taken it off the agenda, I would be breaking the law.”

As of Wednesday morning, neither Jackson nor Krouse had yet testified during the hearing.

But on March 14, after she was initially charged with the misdemeanors, Krouse provided a written statement to West Virginia Public Broadcasting likening the legal proceedings to the “corruption” and “poisonous ideology” of politicians in Washington D.C.

“What is happening to Commissioner Jackson and me is a travesty and it is unamerican,” she wrote. “Unfortunately, the political establishment of Jefferson County [has] decided to use the legal system, which they control, to persecute their political opponents.”

In his petition, however, Harvey described it as a duty of his role as prosecuting attorney to pursue the commissioners’ removal.

Jackson and Krouse’s actions left Harvey “no course of action” but to file a petition for their removal, he wrote.

This hearing is separate from the 42 misdemeanor charges Commissioners Tricia Jackson and Jennifer Krouse face in criminal court. For more information on those charges, see our previous reporting.

Federal Horse Racing Anti-Doping Regulations Take Effect, Including In W.Va.

West Virginia and Louisiana filed an injunction against the agency in July, keeping the act from being fully implemented while federal proceedings continued.

The federal Horseracing Integrity and Safety Act’s anti-doping program went into effect Monday.

The act creates safety programs and regulates medication for racehorses statewide. It was previously ruled unconstitutional by the 5th U.S. Circuit Court of Appeals last November. The court ruled the act gave too much power to the Horseracing Integrity and Safety Authority and not enough to the Federal Trade Commission.

In response, Congress granted the FTC the authority to oversee the agency. It has now reached agreements with all state commissions and tracks that feature live racing.

West Virginia and Louisiana filed an injunction against the agency in July, keeping the act from being fully implemented while federal proceedings continued. West Virginia Attorney General Patrick Morrisey had previously made statements against the agency’s legality.

A stay from the appeals court halted the injunction, though a revised ruling still blocked certain rules involving access to track records and facilities, calculations of fees paid to the agency by the states and definitions on which horses were covered by regulations.

Days after the original suspension of the rules took effect, a horse collapsed during a race at Mountaineer Casino, Racetrack & Resort in New Cumberland and had to be euthanized.

West Virginia has two horse racing venues: the Mountaineer Racetrack & Resort and the Hollywood Casino at Charles Town Races.

Federal Appeals Court Halts Horse Racing Injunction in W.Va., La.

A federal appeals court blocked a ruling that would have kept the Horseracing Integrity and Safety Authority from implementing racetrack safety and enforcement rules in both West Virginia and Louisiana.

A federal appeals court blocked a ruling that would have kept the Horseracing Integrity and Safety Authority from implementing racetrack safety and enforcement rules in both West Virginia and Louisiana.

The hold comes after a preliminary injunction was granted late last month against the agency by a federal court. The U.S. District Court’s Western District of Louisiana originally ruled against the agency, arguing it overstepped its bounds on three rules that went into place nationwide on July 1.

The rules in question included how horses covered by the rules are defined, the ability for investigators to confiscate records from anyone who owns or “performs services on” a covered horse and basing state payments for upkeep partly on race purses.

State officials like West Virginia Attorney General Patrick Morrisey originally praised the injunction, while animal rights groups like Animal Wellness Action condemned it.

The 5th U.S. Circuit Court of Appeals blocked the order Friday as an administrative stay while it continues to consider the case. It’s unclear how long the block will be in effect.

Days after the original suspension of the rules took effect, a horse collapsed during a race at Mountaineer Casino, Racetrack & Resort in New Cumberland and had to be euthanized.

Circuit Court Judge John Yoder Dies

John Yoder, a West Virginia circuit court judge and former state senator, died on Friday, according to a statement from the state Supreme Court.

Yoder, a native of Kansas, was circuit judge for the 23rd Judicial Circuit, which includes Berkeley, Jefferson and Morgan counties. The Charleston Gazette-Mail reports he practiced law in Harpers Ferry for 23 years.

Yoder was elected to two separate terms in the state Senate as a Republican in 1992 and 2004. He left the state Senate to run for the circuit court seat in 2008.

Yoder ran unsuccessfully for the state Supreme Court three times, and also for U.S. Senate in 1990.

Supreme Court Chief Justice Allen Loughry says Yoder was “a dedicated public servant who cared about our state.”

State Prison Inmate Pleas to Drunken Driving

A state prison inmate who was allegedly drunk during a deadly crash while he was on furlough has an Oct. 27 plea hearing in Harrison Circuit Court.

Under a plea agreement, Jeffrey Scott Davis is scheduled to plead to felony driving under the influence resulting in death, according to The Exponent Telegram.

The 32-year-old defendant from Wallace was on furlough from Parkersburg Correctional Center early on the morning of April 26 when he lost control of his vehicle and it crashed into a ditch. A passenger, 27-year-old Courtney Lane Cottrill, was killed.

Davis allegedly told officers he had drank about six beers prior to the crash.

E-Filing Expands to Monroe County

E-filing is expanded again, now to its third county in the state.

West Virginia Judiciary’s Unified Electronic Filing System, or e-filing for short, started in Marion County in August 2013, and then in April of this year, it expanded for the first time to Jefferson County. On Tuesday, it expanded again to Monroe County.

E-filing allows circuit courts to have electronic backups of both confidential and public cases.

Only a handful of other states have currently gone fully to e-filing, and the goal is to make West Virginia one of those additional states.

Once the system is statewide, it would be paid for by the user. The Supreme Court is paying for the upgrade in technology in all circuit clerks’ offices. Public documents will eventually be accessible from any computer anywhere.

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