Magistrate Wilfong suspended, Miller recalled to service

Jaynell Graham
Editor

An administrative order from the West Virginia Supreme Court of Appeals was entered Tuesday, February 26, 2019, which recalled Danith Miller into active service to serve as Senior Status Magistrate beginning Wednesday, February 27, 2019, and to continue until the Chief Justice deems her assistance to be no longer needed.
In addition, the Court received a report from Counsel for the Judicial Investigation Commission against Pocahontas County Magistrate Carrie E. Wilfong.
It reads, in part:
“Having maturely considered the report pursuant to Rule 2.14(c) of the Rules of Judicial Disciplinary Procedure, the Court is of the opinion that there is probable cause to believe the respondent has again become unable or unwilling to perform her official duties and that there is probable cause to believe the respondent has engaged or is currently engaged in a serious violation of the Code of Judicial Conduct.
Therefore, pursuant to Rule 2.14(d)(2) of the Rules of Judicial Disciplinary Procedure, it is hereby ordered that the respondent shall be, and she hereby is, suspended effective February 27, 2019, said suspension to be without pay as of March 2, 2019, and she shall hereafter be prohibited from hearing any further civil or criminal matter or performing any other judicial functions during the pendency of this matter.
“The respondent is hereby notified of the right to request a hearing on the issue pursuant to Rule 2.14(c) of the Rules of Judicial Disciplinary Procedure and Article VIII, Section 8 of the Constitution of West Virginia. Any request for a hearing must be in writing and filed with the Clerk of Court within thirty days of the date of this order.
“It is ordered that this matter shall be, and it hereby is, remanded to the Judicial Investigation Commission for the filing of formal charges and proceedings pursuant to Rules 2.7(d) and 4 of the Rules of Judicial Disciplinary Procedure.
It is finally ordered that the report received from Judicial Disciplinary Counsel, along with all attachments thereto, shall be and it hereby is, ordered SEALED.”