West Virginia Supreme Court of Appeals Story Archives - Page 20 of 21

Report: Justice Davis Did Not Violate Judicial Ethics

An ethics complaint filed against a West Virginia Supreme Court Justice has been dismissed after the West Virginia Judicial Investigation Commission found there was “no evidence to support a finding of probable cause” supporting the claim.

Morgantown resident and two-time failed gubernatorial candidate Bill Maloney filed the complaint on April 16 claiming Davis violated the judicial code of ethics by not recusing herself from a wrongful death case that came before the state’s highest court.

The plaintiff’s case was argued by Michael Fuller, an attorney from a law firm based in Hattiesburg, Mississippi.

Fuller had “several years ago,” according to a January letter sent to attorneys involved in the case, purchased a private jet from Davis’s husband Charleston attorney Scott Segal for $1 million. Fuller had also donated $35,000 to Davis’s 2012 re-election campaign.

The Judicial Investigation Commission ruling released Tuesday said Davis did not violate ethical codes. The ruling said Davis is not privy to information about who donates to her campaign, just like all judicial candidates. Davis also disclosed the information about the jet purchase to both sets of attorneys arguing the wrongful death case.

The attorneys for the nursing home accused in the case filed a motion following the letter to disqualify Davis, but the Justice filed a response saying she had no business or social relationship with Fuller nor did her husband, whose jet sale occurred through a broker, and claimed the campaign donation Fuller contributed in 2012 was small compared to the $1.3 million she had raised.

The Commission ruling said Justice Davis was unaware that Fuller had contributed to her campaign at the time the ruling in the nursing home case was written. The ruling also said Davis knew of her husband’s jet selling, but did not know any of the details of the sale until after an ABC News report on the matter in December 2014.

ABC News Correspondent Brian Ross had traveled to West Virginia in November 2014 to confronted Davis about both her refusal to recuse herself from the case, asking her about both the campaign contributions and private jet sale.

The Commission claimed ABC invented the stories without “any investigation of true facts and without an understanding of a justice’s obligation to serve on cases and not permit ‘judge shopping’ by those who attempt to manipulate the outcome of cases for their own benefit.”

The 16-page ruling goes on to condemn the compliant, two-time failed gubernatorial candidate Bill Maloney, for filing his ethics complaint based on the ABC News reports, calling it “a blatant attempt to garner free publicity for himself.”

Maloney sent a press release following his filing of the complaint which the ruling said “gives the impression Mr. Maloney was motivated by self-seeking political and egotistical purposes.” because he chose to violate the confidentiality rule that comes with filing such complaints.

Signed by JIC Chair Ronald Wilson, the ruling said the violation of such a confidentiality measure can cause irreparable damage to a judge’s reputation and that all future complaints shall remain confidential.

Petition Calls for Charleston Mayor's Removal from Office

The West Virginia Supreme Court of Appeals has appointed a three judge panel to hear a petition to remove Charleston Mayor Danny Jones from office.

The petition, filed by former Charleston Mayoral candidate J.T. Thompson, says Jones committed “misconduct in office, malfeasance in office, gross immorality, neglected his duties as Mayor” and is an “incompetent person” as defined by West Virginia Code.

The petition accuses Jones of being negligent in his duties and wasting public funds by continuing to employ City Clerk James Reishman and City Attorney Paul Ellis, both of whom the petition claims violated election laws.

The petition goes on to say, among other charges, Jones has illegally received more than $1 million in compensation during his tenure as Mayor from 2003 to 2014. The city charter states the Mayor may not be paid more than $5,000, according to the petition, and no public action has been taken to amend the charter.

Signed by 25 Charleston residents, the petition’s filer, Thompson, has contested election results twice in her history of running for political office. The Charleston Gazette reports Thompson claimed election violations after losing the Democratic primary race for Mayor earlier this year and filed a similar petition in 2010 after a loss in the General Election to Jones.

The West Virginia Supreme Court of Appeals has appointed Judges Paul Farrell, Darrell Pratt and Phillip Stowers to a panel to hear the petition. Jones has been ordered to file a written response to the petition by July 27. The panel will convene August 24 and 25.

House Bills Move to Next Stage Without a Hitch

A number of bills were on the floor Tuesday from child welfare to the election of judges to the qualifications of the labor commissioner; all of them passed to their next stages without much of a hitch.

Eight bills were on the House Floor, and only House Bill 2200 was on third reading. This bill is to revise, rearrange, consolidate, and recodify the laws of the state relating to child welfare and juvenile disposition.

Judiciary chairman, Delegate John Shott, is the lead sponsor. He described the bill to be more user-friendly for those who have to deal with this area of law.

“There have been complaints for many years over how difficult it is to work in this area and how it can lead to misinterpretations, misunderstandings,” Shott noted, “and this is an effort that this bill, it’s got bipartisan support, it’s got widespread support among those who need to be able to navigate these complicated provisions of law, and Mr. Speaker I urge passage.”

House Bill 2200 passed 98 to 0.

The next five bills were on second reading; the amendment stage. First up was Senate Bill 13, which has to do with the liability of a possessor of real property for injuries caused by open and obvious hazards.

Delegate Shott proposed an amendment.

“The amendment that has been passed in the judiciary committee to modify the senate version, Senate Bill 13, basically recognizes a very limited exception to the open and obvious doctrine,” said Shott, “and that is where the danger on the landowner’s property is a violation of a law intended for the public safety, and that violation caused the injury, then in that narrow situation, the landowner is still responsible.”

Shott’s amendment passed and the bill progressed to third reading.

House Bill 2010 was up next. This bill relates to electoral reforms requiring the election of justices of the Supreme Court of Appeals, circuit court judges, family court judges, and magistrates to be on a nonpartisan basis.

Delegate Tim Manchin proposed an amendment that would extend public campaign financing to circuit court judges. It’s already in place for candidates for the Supreme Court.

“That program has worked. As a matter of fact, we have a current Supreme Court justice now who sits in the chamber upstairs because of this bill. It was a private project at the time, which is now been made permanent for Supreme Court judges,” Manchin explained, “The reason that I’ve offered this bill [amendment] is because, quite frankly, the only real reason to have nonpartisan judges, or the only stated reasons, are two; number one, so that there not beholden to anybody and they don’t appear to have partiality after they’ve been elected. Number two is to cut down on the cost of election, however if we miss this opportunity to extend the public campaign financing to those circuit court judges, we will leave in probably the greatest threat to the appearance of impartiality that there is, and that’s direct campaign contributions.”

Delegate Shott stood to oppose the amendment but in good faith.

“This is a good idea, and it’s an idea that it’s time may come, just not today,” Shott said, “I’m going to speak against this amendment not because I don’t think it’s a good idea, I think it’s where we want to be at some point, but I’m concerned that it complicates a bill whose focus is to take the first step, and that is to make these judicial elections nonpartisan.”

Delegate Manchin stood again to encourage the amendment be adopted.

“We have an opportunity right here to do something good right now and not wait until later, until all other kinds of people weigh in,” Manchin said, “and tell us all other reasons why the system won’t work, when in fact it already has.”

Delegate Manchin’s amendment was rejected 67 to 31, and House Bill 2010 moved on to third reading.

Also up for passage Wednesday will be House Bill 2217, relating to the qualifications of the Commissioner of Labor. The bill removes the term “labor interests of the state” and inserts language to require the commissioner to have knowledge and experience in employee issues and interests including employee-employer relations.

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.

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.

What the Third Parties Have to Offer in the Race for U.S. Senate

When voters take to the polling place this November, they’ll decide between five candidates vying for Sen. Jay Rockefeller’s seat in the U.S. Senate. Most will recognize the names ‘Tennant’ and ‘Capito,’ but what about Baber, Buckley, and Hudok?

The three third party candidates for Senate, Bob Henry Baber of the Mountain Party, John Buckley of the Libertarian Party and Phil Hudok of the Constitution Party, talk about what they have to offer West Virginians when representing them at the federal level.

They discuss the economy, the environment and healthcare, as well as why it’s important to include their voices in the overall debate.

Dr. Neil Berch of West Virginia University and Dr. George Davis of Marshall University discuss the history of third parties in the country and if including their voices help or hurts the political process.

Dave Boucher of the Charleston Daily Mail and Mandi Cardosi of the State Journal wrap up the show with a discussion of the Supreme Court’s decision this week to add a replacement candidate to the ballot in the House of Delegates 35th District race.