Jaynell Graham
Editor
Carrie Wilfong returned to her duties as Pocahontas County Magistrate Friday, January 10, having been reinstated to her position by order of the West Virginia Supreme Court of Appeals.
Wilfong was suspended from her duties on February 27, 2019; without pay as of March 2, 2019.
The following order was filed January 9, 2020:
At the Supreme Court of Appeals, continued and held at Charleston, Kanawha County, on January 9, 2020, the following order was made and entered in vacation:
IN THE MATTER OF: CARRIE E. WILFONG
Magistrate of Pocahontas County
No. 19-0289
ORDER
On October 17, 2019, the Judicial Hearing Board, by its Chair, the Honorable Darrell Pratt, Judge, presented to the Court its written findings of fact, conclusions of law, and recommended decision recommending that the parties’ agreement and recommendation be adopted, thus recommending that:
(1) The respondent be immediately reinstated to her position as recommended by the panel of physicians;
(2) Upon the respondent’s reinstatement, Judicial Investigation Commission Complaint No. 20-2019 and Supreme Court Case No. 19-0170, both be provisionally dismissed;
(3) The respondent does not receive any back pay on her reinstatement;
(4) The respondent be bound by and faithfully adhere to the opinion, diagnosis and treatment plan of the panel of physicians;
(5) Should the Court determine that respondent has failed in any way to comply with such opinion, diagnosis or treatment plan completely, she should be ordered to forthwith and immediately resign her office of Magistrate of Pocahontas County and should be barred from ever seeking judicial office thereafter, by election or appointment; and
(6) The respondent should be held liable for the costs of the physician panel, with any other costs and fees associated with or arising out of these proceedings borne by each party for their costs and expenses.
Thereafter, on November 5, 2019, the Judicial Investigation Commission by Brian J. Lanham, Deputy Counsel, filed its consent to the recommendation. The respondent has not filed an objection or consent to the recommendation.
Upon consideration, the Court is of the opinion to and does hereby concur with and accept the recommendation from the Judicial Hearing Board regarding the parties’ agreement, in part. It is therefore ORDERED that:
(1) The respondent, Carrie E. Wilfong, shall be, and she hereby is, immediately reinstated to her position as Magistrate of Pocahontas County and shall return to work at 8:30 a.m. on Friday, January 10, 2020;
(2) The respondent shall not receive back pay for the period of time in which she was suspended, without pay, from her position;
(3) The respondent shall be bound by and adhere to the opinion, diagnosis, and treatment plan of the panel of physicians; and
(4) Should the Court determine that respondent has failed in any way to comply with such opinion, diagnosis or treatment plan completely, the respondent shall be ordered to forthwith and immediately resign her office of Magistrate of Pocahontas County and respondent shall be barred from ever seeking judicial office thereafter, by election or appointment; and
(5) The respondent shall pay the costs of the physician panel, with any other costs and fees associated with or arising out of these proceedings borne by each party for their costs and expenses.
The recommendation that Supreme Court Docket No. 19-0170 be provisionally dismissed, is moot, and not relevant to the current proceeding. Supreme Court Docket No. 19-0170 is a closed matter that was disposed with the issuance of the mandate on July 8, 2019.
It is ordered that final disposition of this matter has herein been entered, and this matter is therefore dismissed from the docket of this Court.
Service of an attested copy of this order upon all parties shall constitute sufficient notice of the contents herein.
A True Copy
Attest: /s/ Edythe Nash Gaiser, Clerk of Court
