Tomblin Appoints Successor to Circuit Judge Who Resigned After Affair

  Gov. Earl Ray Tomblin has appointed an Elkins attorney to succeed a circuit court judge who resigned after admitting having an affair with a corrections official.

Tomblin announced David H. Wilmoth’s appointment to the Randolph County judgeship Friday. Wilmoth succeeds Jaymie Wilfong, who resigned in November.

Wilmoth is a graduate of Marshall University and West Virginia University College of Law. He began his legal career in 1991 at Jory & Smith before establishing his own law firm in 1997.

Wilfong resigned after the West Virginia Supreme Court suspended her for having a two-year affair with William Travis Carter. At the time, Carter was director of the North Central Community Corrections program in Elkins. He resigned from that position in December 2013.

Randolph Co. Judge to Appeal Punishment for Affair

The West Virginia Supreme Court will hear arguments Tuesday over disciplinary action against a judge who had an inappropriate sexual affair.

Randolph County Circuit Judge Jaymie Godwin Wilfong admitted to having a two-year affair with William Travis Carter. At the time of their liaison, Carter was director of the North Central Community Corrections program in Elkins.

The state Judicial Hearing Board recommended in August that Wilfong should be censured, suspended for three years without pay, fined $20,000 and ordered to pay court costs. She appealed the recommendations in September. On Oct. 14, she filed a brief asking for mercy. She argued that disciplinary action should be limited to a public reprimand.

In May, Supreme Court Chief Justice Robin Davis removed Wilfong from hearing cases involving the county prosecutor’s office.

Hearing Board Recommends W.Va. Judge Suspension

  The West Virginia Judicial Hearing Board has recommended a less severe suspension than a special counsel sought for a Randolph County judge who acknowledged having an affair with a community corrections official.

The board Friday recommended a three-year suspension, censure and $20,000 fine for Circuit Judge Jaymie Wilfong.

The board found Wilfong violated several canons of the Code of Judicial Conduct, including maintaining the integrity of and public confidence in the judiciary and avoiding the impression of improper influence.

Wilfong and the state Office of Disciplinary Counsel have 30 days to respond.

Earlier this week, the Judicial Investigation Commission’s special judicial disciplinary counsel recommended a four-year suspension and censure for Wilfong. In response, Wilfong’s lawyers proposed a reprimand, saying there is no evidence to support most of the allegations.

Special Counsel Recommends Randolph Co. Judge Suspension

A special counsel is recommending that a Randolph County judge be suspended without pay for four years.

Rachael Fletcher Cipoletti also recommends that Circuit Judge Jaymie Wilfong be censured.

Cipoletti is special judicial disciplinary counsel for the Judicial Investigation Commission. She made the recommendations in a brief filed Tuesday.

The brief says Wilfong had an affair with the former director of North Central Community Corrections and refused to recuse herself from cases involving him or his staff. The brief also alleges that Wilfong performed sexual acts on him in her chambers between court proceedings.

Wilfong’s lawyers say in a response that her conduct doesn’t justify what they call the “death penalty.”

The case is before the Judicial Hearing Board, which will make a recommendation to the West Virginia Supreme Court.

         

Judge Who Admitted Affair Removed from Cases

 A Randolph County judge who acknowledged having an affair with a community corrections official has been removed from hearing cases involving the county prosecutor’s office.
 
The state Supreme Court announced Chief Justice Robin Davis’ decision Friday involving Circuit Judge JaymieWilfong. Davis says the disqualification was warranted to avoid an appearance of impropriety.

Davis has appointed senior status judges Thomas Steptoe and Thomas Keadle to handle Wilfong’s cases temporarily.

Earlier this week the Judicial Investigation Commission charged Wilfong with violating judicial conduct codes. Wilfong reported her affair with former North Central Community Corrections director Travis Carter to the commission last October.

The commission says Wilfong carried on the affair in her judicial chambers between court proceedings.

Carter resigned his position with the corrections program in December.

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