W.Va. Judge Says No Conflict in Nursing Home Case

West Virginia Supreme Court Justice Robin Davis says there was no reason for her to recuse herself from a nursing home case.

ABC News reports that the plaintiffs’ attorney, Michael Fuller, bought a Learjet from Davis’ husband in December 2011 and contributed to Davis’ 2012 re-election campaign.

Davis says in a statement to media outlets that she wasn’t involved in the transaction. She says it occurred before the case was before the court.

Davis also says she doesn’t know who contributes to her campaign.

In 2011, a Kanawha County jury awarded $91 million to a family who sued Heartland of Charleston. The lawsuit said the nursing home failed to feed and care for a resident who died.

The Supreme Court reduced the award in June by more than half.

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.

Cabell Judgeship Vacancy Temporarily Filled

Two senior status judges will temporarily fill a judgeship in Cabell County until the governor appoints a permanent replacement.
 
     West Virginia Supreme Court Chief Justice Robin Davis on Monday appointed James O. Holliday and John S. Hirko to temporarily replace Cabell County Circuit Court Judge David Pancake.
 
     Pancake retired last week.
 
     Holliday will preside over Pancake’s docket from Feb. 10 through Feb. 18. Hrko will then serve from Feb. 19 until Gov. Earl Ray Tomblin appoints a replacement.
 
     Davis’ order says Holliday would preside over the docket if Hirko is unavailable to serve.
 
     Cabell County Chief Circuit Judge Paul T. Farrell tells The Herald-Dispatch that he will preside over Pancake’s docket this week.
 

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