Prosecutor Mark Plants Story Archives - West Virginia Public Broadcasting

Prosecutor Named for W.Va. Family Judge's Case

A special prosecutor has been appointed to handle the battery case against a Kanawha County family court judge.

The West Virginia Prosecuting Attorneys Institute appointed Boone County prosecutor Keith Randolph this week to serve as special prosecutor.

Family Court Judge Mark Snyder is accused of grabbing a nurse’s arm and yelling at her while visiting a friend at a Charleston hospital.

Kanawha County prosecutor Mark Plants’ office recused itself from the case. Snyder’s lawyer, Jim Cagle, also is representing Plants, who faces misdemeanor charges in a separate domestic case.

Snyder has served as a family court judge since 2000.

W.Va. Supreme Court Denies Request to Suspend Prosecutor's License

The West Virginia Supreme Court of Appeals has denied a request to temporarily suspend the law license of Kanawha County Prosecutor Mark Plants and has upheld a circuit court decision. That decision disqualified him from a prosecuting certain types of cases pending an outcome in criminal proceeding against him.

Plants is charged with misdemeanor domestic battery and violating a protection order after beating his son with a leather belt in February.

Last week, Plants agreed to a deal offered by prosecutors to drop the charges after a year if he participates in a pre-trial diversion program.

The West Virginia Office of Disciplinary Counsel filed the request with the Supreme Court to suspend Plants’s license until the completion of his criminal proceedings because of a conflict of interest between his own defense for his actions and his job to uphold state law and protect the public. In a hearing before the Justices earlier this month, the ODC claimed Plants posed a threat of irreparable harm to the public.

The Court, however, disagreed with that assessment in their per curiam opinion released Wednesday.

Justice Brent Benjamin disqualified himself from the proceedings, but the remaining justices ruled an order by Kanawha County Circuit Judge Duke Bloom issued last month removing Plants from any cases of abuse and neglect and violations of domestic violence protection orders was sufficient in protecting public interest.

Kanawha County Commission President Kent Carper expressed interest Tuesday in filing a petition with the state Supreme Court to have Plants removed from office but said in a release Wednesday:

“I am very grateful to the Supreme Court for their timely and succinct judicial determination. The Kanawha County Commission will completely and fully abide by the opinion and direction of the Supreme Court, as we should.”

The Supreme Court opinion concludes by saying:

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 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.