Tag: Kanawha County

Kanawha Commissioners to Seek Prosecutor's Removal

  Kanawha County commissioners have agreed to begin removal proceedings against Prosecutor Mark Plants.

The commission voted Thursday to file a petition, citing the costs of paying a special prosecutor to handle certain cases in his place. Once filed, the state Supreme Court would appoint a panel to rule on it.

Plants and his office are barred from handling cases involving crimes of violence by a parent or guardian, abuse and neglect cases, and violations of domestic violence protection orders.

Plants was charged with domestic battery for allegedly hitting one of his sons several times with a belt and for violating an order not to have contact with his children or ex-wife.

Under a recent agreement, the charges may be dismissed if he completes a batterers intervention program.

Deal Puts Kanawha Prosecutor Charges on Hold

 Domestic charges against Kanawha County prosecutor Mark Plants will be dismissed if he completes a pre-trial diversion program.

Plants’ lawyer and prosecutors agreed to the deal on Wednesday.

Special prosecutor Sid Bell says the misdemeanor charges will be pending for a year.

Plants is charged with domestic battery and violating a protective order to stay away from his ex-wife, Allison Plants, and their children. Prosecutors say he hit one of his sons more than 10 times with a leather belt on Feb. 22.

The agreement contains several conditions. Plants must not use corporal punishment to discipline his children and he must stay away from his ex-wife.

The deal also required Plants to make a public apology. He gave the apology Wednesday in Kanawha County Magistrate Court.

Supreme Court to Decide if Prosecutor Should Keep Law License

The West Virginia Supreme Court of Appeals heard arguments Monday over whether to temporarily revoke the law license of a county prosecutor charged with domestic battery.

Kanawha County Prosecuting Attorney Mark Plants is facing the misdemeanor charge after State Police say he hit his step-son multiple times with a leather belt in February, leaving bruises.

The state Office of Disciplinary Counsel alleges Plants’ license should be revoked until his criminal proceedings are completed because he has violated ethics rules.  

Attorney for the office Joanne Kirby also said during the proceeding Plants’ is defending himself by asserting a statute preventing him from whipping his children is unconstitutional.

“He has essentially asserted that all criminal law of the state of West Virginia is unconstitutional,” Kirby told the court.

“He cannot be serving as the prosecuting attorney tasked with upholding and prosecuting the laws of the state of West Virginia when his own interests materially limit those of his client.”

Plants’ attorney Robert Davis maintained there is no precedent to remove the license of a prosecutor without a conviction and said it would be “extraordinarily disruptive” to the county’s system.

The court has given no timeline on how long it may take them to reach a decision.

Last month, Kanawha County Circuit Judge Duke Bloom ordered Plants and members of his office to no longer handle cases of abuse and neglect for children because of a conflict of interest and appointed a special prosecutor.
 

Special Prosecutor Installed for Plants

Special prosecutors have been installed to handle child abuse cases in Kanawha County.

The action comes after Circuit Judge Duke Bloom disqualified prosecutor Mark Plants and his staff from handling such cases. Bloom swore in special prosecutors Thursday morning.

Plants is charged with domestic battery for allegedly hitting one of his sons more than 10 times with a leather belt. He has argued in court papers that he was acting within a constitutionally protected right to protect his child.

In Wednesday’s order, Bloom bars Plants and his office from handling cases involving crimes of violence by a parent or guardian, abuse and neglect cases, and violations of domestic violence protection orders.

The West Virginia Supreme Court has set a May 5 hearing on whether to suspend Plants’ law license.

Kanawha County Magistrate Faces Ethics Charges

A Kanawha County magistrate faces ethics charges stemming from his denial of a domestic violence petition against the county’s prosecutor.
The Judicial Investigation Commission alleges that Magistrate Ward Harshbarger violated several canons of the judicial code of conduct, including upholding the judiciary’s integrity and independence.

 
The commission made the charges public Tuesday.
 
A statement of the charges says prosecutor Mark Plants’ ex-wife, Allison Plants, sought the petition on Feb. 26. Harshbarger is accused of refusing to grant the petition without giving it a full and fair review.
 
The commission also says Harshbarger discussed the petition with police officers who weren’t involved in the case.
 
A woman who answered Harshbarger’s phone at magistrate court on Wednesday said there would be no comment.

Kanawha Prosecutor Says He Won't Resign

Kanawha County prosecutor Mark Plants says his office doesn’t have a conflict investigating domestic violence cases involving children.
 
Plants is facing a domestic battery charge. He’s accused of hitting one of his sons more than 10 times with a leather belt on Feb. 22.
 
Plants told media outlets at a news conference on Monday that corporal punishment is legal if it’s reasonable. He says 75 percent of Kanawha County would be in jail if spanking was a crime.

Plants also said he won’t resign.
 
The state Office of Disciplinary Counsel has asked the West Virginia Supreme Court to either suspend Plants, prevent his office from working on cases involving allegations of violence by parents against children, or both.
 
 

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