State Court Disciplines Judge Elect for False Fliers

West Virginia’s highest court has disciplined an attorney elected circuit judge last fall for using campaign fliers falsely claiming his opponent partied with President Barack Obama while coal miners lost jobs.

The Supreme Court agreed with the Judicial Hearing Board that Stephen Callaghan should be disciplined, imposing an even more severe penalty of two-year judicial suspension without pay and $15,000 in fines.

Callaghan argued the board lacks jurisdiction because he wasn’t a judge at the time, his statements were protected by the First Amendment and the penalties are excessive.

Callaghan, a Summersville lawyer, defeated longtime Nicholas County Circuit Judge Gary Johnson by 220 votes in May.

The direct-mail flier’s manipulated photographs showed Johnson and Obama together, saying they partied at the White House while hundreds of miners lost their jobs.

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.

         

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