CHARLESTON — The wife of a deceased man is suing after he allegedly was killed while trying to deliver lumber.

Linda Robinson, as administrator of the estate of Timothy Robinson, filed suit in Kanawha Circuit Court against Allegheny Wood Products Inc.

According to the complaint, on Nov. 19, Timothy Robinson was driving a tractor-trailer in the course of his employment with a pre-loaded trailer of lumber for the defendant from its Randolph County facility. While driving, Timothy was involved in an accident with another trailer-tractor and lumber from the trailer came forward into the cab of the truck, causing fatal injuries, the suit states.

The defendant is accused of negligence and wrongful death.

The plaintiff is represented by Charleston attorney W. Kent Carper of Hill, Peterson, Carper, Bee & Deitzler PLLC and Elkins attorney David A. Sims of the Law Offices of David A. Sims PLLC. The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court Case No. 14-C-1153

CHARLESTON – A special counsel has recommended that Randolph Circuit Judge Jaymie Wilfong be suspended for four years without pay.

Wilfong

In a brief filed Tuesday, Rachael Fletcher Cipoletti of the state’s Judicial Investigation Commission’s Office of Disciplinary Counsel asks the West Virginia Supreme Court of Appeals to suspend Wilfong for four years without pay, censure her for 25 violations of the Code of Judicial Conduct and require her to pay the costs of investigating and prosecuting her for sexual misconduct.

Wilfong is accused of violating four canons of the Code of Judicial Conduct — upholding the integrity and independence of the judiciary, avoiding impropriety and the appearance of impropriety, performing duties of the judicial office impartially and diligently and conducting extra-judicial activities as to minimize the risk of conflict with judicial obligations.

Last year, Wilfong self-reported her two-year extramarital affair with Travis Carter, the former executive director of the North Central Community Corrections Board.

Wilfong, however, contends the affair “involves a personal, moral failing on her part and that she should not be disciplined for (her) conduct,” the ODC brief stated, noting that other courts have found the private aspects of a judge’s conduct are secondary to the public problems it creates.

Last year, Wilfong self-reported having an affair with the former director of North Central Community Corrections and refused to recuse herself from cases involving him or his staff.

In a response, Wilfong’s lawyers argue that her conduct doesn’t justify what they call the “death penalty.”

The case is before the Judicial Hearing Board, which will make a recommendation to the West Virginia Supreme Court.

This spring, the Judicial Investigation Commission had said Wilfong broke the Code of Judicial Conduct by violating several canons of the code such as integrity of the judiciary and impression of improper influence after she admitted to having an affair with a community corrections official.

In October, Wilfong self-reported her affair with former North Central Community Corrections director Travis Carter to the JIC. The commission issued its formal statement of charges on April 23, noting that Wilfong carried on the affair in her judicial chambers between court proceedings and failed to disclose the relationship to the corrections program’s board, although she is a non-voting member.

In its formal charges, the JIC says Wilfong and Carter started their “surreptitious sexual relationship” in October 2011 and that there is evidence Wilfong and Carter performed sexual acts in her judicial chambers between court proceedings.

“Wilfong sent sexually explicit e-mails, texts, instant messages and nude photos of herself to Carter on his county issued phone and computer,” the charges state. “During the course of the relationship with Carter, at times when Carter and Judge Wilfong were in her judicial chambers, it became necessary for court personnel to interrupt Judge Wilfong and Carter in order to insist that Judge Wilfong continue with the daily court proceedings.”

The North Central Community Corrections program gives Wilfong the option of a community-based alternative sentencing program for offenders who require less than institutional custody.

“Judge Wilfong sets the participation fee amount and may require the payment of a participation fee to participate in community corrections programs, like North Central Community Corrections,” the JIC charges state.

The JIC also says Wilfong enlisted the aid of Assistant Prosecuting Attorney Lori A. Gray to “further her relationship and her sexual contact with Carter by repeatedly requesting the use of and utilizing Gray’s personal residence to meet with Carter.”

Gray continued to appear before Wilfong, representing the state in criminal matters where Carter and his staff offered opinions and/or testimony. She often used North Central Community Corrections as a form of alternative sentencing, according to the JIC charges.

The JIC says Wilfong enlisted the aid of attorney Phillip S. Isner’s garage for her meetings with Carter. Isner practiced in Wilfong’s courtroom.

The JIC says state Supreme Court Administrator Steve Canterbury contacted Wilfong in September 2012 to raise concerns about her relationship with Carter. She said the relationship ended then, but the JIC says evidence shows the relationship resumed in November 2012 and continued until Wilfong reported it in October 2013.

Wilfong answered the JIC charges and issued a press release. While she admits to the “morally wrong” affair, but says it didn’t affect her work as a judge.

Her self-report also included reports from her law clerk, the county prosecuting attorney and several local attorneys who practiced before Wilfong.

The JIC handed the matter over to the West Virginia Office of Disciplinary Counsel, Lawyer Disciplinary Board, because Wilfong is a sitting member of the Judicial Hearing Board.

In her press release, Wilfong apologized for her actions.

“I have let down my husband, my staff, and everyone who previously looked up to me as a judicial officer,” she wrote. “The local attorneys who filed reports are my friends and colleagues. Their comments caused me to re-evaluate myself, my marriage, and the way that people whom I work with perceive me.

“What I did was morally wrong and it created discomfort among those who surround me. I wish to apologize to each of those individuals and humbly ask for their forgiveness. I thank them for their courage in publicly sharing their insight. Their guidance and direction has saved my life and my marriage.

“I apologize to the people of Randolph County and to the other judges and justices in West Virginia upon whom my immoral affair was a bad reflection. Please be assured that my improper extrajudicial conduct did not ever adversely affect any decision, any litigant, or any hearing over which I presided.

“On a personal note, I publicly thank and again apologize to my husband whom I love more than I can express in words. When other people would have turned and walked away, Matt stood strong, by my side, and taught me the meaning of true love. He is a blessing which I will never take for granted again.”

The Randolph County Commission first suspended Carter in October and hired a Pittsburgh law firm to investigate the matter. Carter resigned his position Dec. 5.

Wilfong has been a judge since 2009, and her term is set to expire in 2016. Before that, she had been a family court judge since 2003.

Wilfong is being represented by Elkins attorney David A. Sims and Charleston attorney Harry Deitzler of the law firm of Hill, Carper, Peterson, Bee & Deitzler.

ELKINS – A woman has filed suit against her employer, alleging it failed to protect her from sexual assaults or from potential violence.

Tiffany Selders alleges she was working for defendant MegaCorp in Elkins in 2009 where she worked as an account executive with a salary of $52,000 per year. She also was supposed to be compensated 35 percent of the revenue, according to the complaint filed Aug. 9 in U.S. District Court for the Northern District of West Virginia.

In time, Selders was promoted to an assistant manager, the suit states. However, she received no additional compensation, the suit states.

During her tenure, on Aug. 9, 2012, Selders was physically assaulted by a co-worker who shoved his hand down her shirt, the complaint says. Again, on Oct. 16, 2012, the same worker shoved his hands down Selders’ pants, grabbed her buttocks and shoved her against a counter, she alleges. On Nov. 5, Selders again was attacked by the same worker who knocked her down several stairs, according to the complaint.

In April 2013, the same perpetrator brought a handgun to work and put it on his desk, the suit states.

Although Selders reported the incidents to her supervisors, MegaCorp failed to help her or to discipline the worker in any way, according to the complaint. In turn, the attacks continued throughout the past year. The unnamed co-worker shoved his hand down Selders’ shirt and grabbed her chest on March 11, then shoved his hands down her pants on July 2, the suit states.

Due to the continued attacks, Selders resigned Aug. 1, the complaint says. By the time she resigned, Selders still had not been receiving the salary she should have, she alleges.

In her complaint, Selders says MegaCorp violated the Wage Payment and Collection Act, breached its employment contract, negligently retained and hired her co-worker, negligently supervised and trained her co-worker and failed to provide a safe place for her co-worker to work.

In her complaint, Selders is seeking exemplary damages, attorney fees, costs and other relief the court deems just.

Paul J. Harris of Wheeling and J. Laura Wakim Chapman of Wheeling are representing her.

The case has been assigned to U.S. District Judge John Bailey.

U.S. District Court for the Northern District of West Virginia case number 2:14-cv-60

CHARLESTON – The state Supreme Court must decide if recommended penalties for a circuit judge who admitted to an affair are just.

Wilfong

On Tuesday, the Justices heard oral arguments in the case of Randolph Circuit Judge Jaymie Wilfong, who had a two-year affair with Travis Carter, who was the director of the North Central Community Corrections program in Elkins.

This summer, the Judicial Hearing Board recommended Wilfong should be censured, suspended for three years without pay, fined $20,000 and pay court costs. She appealed in September, saying a public reprimand was a more appropriate discipline. She has been on suspension since May.

In Tuesday’s arguments, Special Judiciary Disciplinary Counsel Rachael L. Fletcher Cipoletti said the board’s recommendation was justified.

“Judge Wilfong is held to a higher standard,” Cipoletti said. “As such, her elicit sexual relationship … was not up to that higher standard.”

Cipoletti noted that the board said Wilfong’s conduct “undermines the public confidence in the judiciary” and “casts a reasonable doubt on her impartiality.”

Justice Menis Ketchum asked Cipoletti why Wilfong should be penalized as recommended.

“As a practical, matter, there is no way to promise the people of Randolph County and other people in this state that we are holding judges to a higher standard,” she replied, adding that if lesser penalties were enforced, “I don’t think it sends the proper message that this court has held a higher standard and we are holding judges accountable.”

Ketchum noted that the affair is over and that “we even give criminals probation.”

“We’re comparing apples and refrigerators,” Cipoletti replied.

“That’s a death sentence, isn’t it?” Ketchum asked of the current recommendation. “She can’t be elected again.”

Wilfong is up for re-election in 2016. If the three-year suspension were handed down, it would run over into the next judicial term. Whether Wilfong could be on the ballot isn’t clear.

Still, Cipoletti said she didn’t think the penalties were a death sentence.

On behalf of Wilfong, Charleston attorney Harry Deitzler said he was helping represent the judge because he believes in her cause.

“The question that has to be decided by the five of you is what did she do and what should you do about it?” said Deitzler, a partner with Hill, Carper, Peterson, Bee & Deitzler.

“Her actions didn’t affect the administration of justice,” he told the Justices. “And the penalties they’re proposing are totally inconsistent.

“No one ever said Jaymie Wilfong was a bad judge or couldn’t hear their cases. … She realizes and fully understands the impact this has had. In my opinion, she was seduced and taken advantage of. I don’t think she knew that the perception of the public would be impacted.”

Deitzler said there is “no question” Wilfong should be sanctioned.

“What I’m here to argue about is the fairness of the sanction,” he said. “It should be equal to every other person. This amount is catastrophically devastating to her.

“But she also couldn’t run for office again, and that isn’t fair to her or the citizens of Randolph County.”

Deitzler said he doesn’t think the public confidence in the judiciary has been eroded by Wilfong’s actions.

When asked what penalty he would hand down, Deitzler suggested a 60-day suspension, even citing a similar case noted in Cipoletti’s brief.

“I really want to emphasize what Justice Ketchum raised in that this is a death sentence,” Deitzler said of the current recommendations. “She can’t survive, and she’ll never be a judge. And she has an excellent record as a judge except for this indiscretion.”

The Judicial Investigations Commission handed the Wilfong matter over to the West Virginia Office of Disciplinary Counsel, Lawyer Disciplinary Board because Wilfong is a sitting member of the Judicial Hearing Board.

In a press release earlier this year, Wilfong apologized for her actions.

“I have let down my husband, my staff, and everyone who previously looked up to me as a judicial officer,” she wrote. “The local attorneys who filed reports are my friends and colleagues. Their comments caused me to re-evaluate myself, my marriage, and the way that people whom I work with perceive me.

“What I did was morally wrong and it created discomfort among those who surround me. I wish to apologize to each of those individuals and humbly ask for their forgiveness. I thank them for their courage in publicly sharing their insight. Their guidance and direction has saved my life and my marriage.

“I apologize to the people of Randolph County and to the other judges and justices in West Virginia upon whom my immoral affair was a bad reflection. Please be assured that my improper extrajudicial conduct did not ever adversely affect any decision, any litigant, or any hearing over which I presided.

“On a personal note, I publicly thank and again apologize to my husband whom I love more than I can express in words. When other people would have turned and walked away, Matt stood strong, by my side, and taught me the meaning of true love. He is a blessing which I will never take for granted again.”

Wilfong has been a judge since 2009, and her term is set to expire in 2016. Before that, she had been a family court judge since 2003.

Wilfong is being represented by Deitzler and Elkins attorney David A. Sims.

West Virginia Supreme Court of Appeals case number 14-0379

CHARLESTON – The state Supreme Court has suspended, without pay, the Randolph County judge who admitted to a two-year affair for the rest of her current term on the bench.

Wilfong

On Thursday, the justices issued an opinion in the case of Randolph Circuit Judge Jaymie Wilfong, who had an affair with Travis Carter, who was the director of the North Central Community Corrections program in Elkins.

The court also censured Wilfong for her 11 violations of the Code of Judicial Conduct and ordered her to pay all costs associated with the investigation and prosecution of the matter.

But it did not order her to pay a fine of $20,000 without pay, which had been recommended by the Judicial Hearing Board. The board also had recommended a three-year suspension. The ruling cuts that down some because Wilfong’s current term ends at the end of 2016.

On Friday, Chief Justice Robin Jean Davis recalled senior status judges John L. Henning, Thomas W. Steptoe Jr. and Thomas H. Keadle to serve in place of Wilfong until her suspension is over.

Justice Menis Ketchum, who authored the court’s opinion, wrote that justice must be mixed with a little mercy.

“Judge Wilfong’s conduct seriously demeaned her office, impaired the integrity of the judiciary and substantially undermined public confidence in the administration of justice in Randolph County,” Justice Menis Ketchum wrote in Thursday’s opinion. “Her conduct therefore warrants a substantial sanction.

“However, this court is ever mindful that we discipline a judge not for the purposes of punishment, vengeance or retribution, but to instruct the public and all judges, ourselves included, of the importance of the function performed by judges in a free society.”

The justices believe Wilfong’s misconduct “impacted directly upon the administration of justice and withered the public’s perception of the administration of justice in Randolph County.”

Justice Allen Loughry concurred in part and dissented in part with the majority ruling. He wrote in an accompanying opinion that he agreed with the suspension, but he says he thinks Wilfong should have been fined the $20,000 as well.

“The majority, or so it appears, is more concerned with minimizing sanctions to a single public official than ensuring that the entirety of the Randolph County judiciary is in order,” Loughry wrote. “It is clear that Judge Wilfong cavalierly betrayed the trust of the voters and citizens of Randolph County.

“Equally clear is the fact that her conduct will cost the entirety of the state’s taxpayers considerable expense to address this betrayal of the public’s trust. The undisputed testimony in this case demonstrates that the investigation into Judge Wilfong’s actions cost Randolph County approximately $50,000.

“Because of her actions and resultant suspension, this court has been forced to assign and pay temporary judges to cover the remainder of Judge Wilfong’s term at considerable expense to the taxpayers.”

ELKINS – A Randolph County circuit judge already suspended by the state Supreme Court after admitting to a two-year affair has resigned.

Wilfong

Jaymie Wilfong mailed her resignation letter Tuesday to West Virginia Supreme Court Chief Justice Robin Jean Davis.

“Please accept this as my formal letter of resignation, effective today,” Wilfong wrote in the letter dated Nov. 18. “My decision to resign is based largely on the fact that I do not want the taxpayers to incur the unnecessary cost of paying for the judges who would have to be appointed during the period of my suspension.

The citizens of Randolph County have my sincere and heartfelt appreciation for allowing me the privilege of serving as their Circuit Judge for nearly six years.”

Earlier this month, the Supreme Court suspended Wilfong without pay for the rest of her current term on the bench. She admitted to an affair with Travis Carter, who was the director of the North Central Community Corrections program in Elkins. Carter and his subordinates could appear in Wilfong’s court.

Wilfong said Tuesday the process opened her eyes.

“The local attorneys who filed reports are my colleagues,” she told The West Virginia Record. “Their comments caused me to re-evaluate myself, my marriage, and the way people perceive me.  For that, I am grateful.

“What I did was morally wrong, and it created discomfort among those who surrounded me. I again wish to apologize to each of those individuals and humbly ask for their forgiveness.

“Please be assured that my improper extrajudicial conduct did not ever adversely affect any decision, any litigant, or any hearing over which I presided.”

The court also had censured Wilfong for her 11 violations of the Code of Judicial Conduct and ordered her to pay all costs associated with the investigation and prosecution of the matter.

But it did not order her to pay a fine of $20,000 without pay, which had been recommended by the Judicial Hearing Board. The board also had recommended a three-year suspension.

“I am grateful to the citizens of Randolph County for their overwhelming confidence, love and support during this difficult year,” Wilfong told The Record. “My husband, parents and friends have shown me unconditional support as I have made difficult decisions throughout this time.

“I am grateful to have had the opportunity to serve the citizens of Randolph County as their Circuit Judge since 2009 and their Family Court Judge for six years prior to that. I have worked tirelessly over the past twelve years to promote justice in Randolph County, and I am proud of all that has been accomplished.”

Wilfong said she plans to go into private practice.

“As this chapter of my life comes to a close, a new one begins,” she told The Record. “I am excited to be opening my own private practice in Elkins, and anticipate handling various cases across the state.

Tentatively, I plan to open my doors on December 1, and look forward to serving the citizens of this state in a different way.”

After the suspension ruling was issued earlier this month, Davis had recalled senior status judges John L. Henning, Thomas W. Steptoe Jr. and Thomas H. Keadle to serve in place of Wilfong until her suspension is over.

Justice Menis Ketchum, who authored the court’s opinion, wrote that justice must be mixed with a little mercy.

“Judge Wilfong’s conduct seriously demeaned her office, impaired the integrity of the judiciary and substantially undermined public confidence in the administration of justice in Randolph County,” Ketchum wrote. “Her conduct therefore warrants a substantial sanction.

“However, this court is ever mindful that we discipline a judge not for the purposes of punishment, vengeance or retribution, but to instruct the public and all judges, ourselves included, of the importance of the function performed by judges in a free society.”

The justices believe Wilfong’s misconduct “impacted directly upon the administration of justice and withered the public’s perception of the administration of justice in Randolph County.”

Justice Allen Loughry concurred in part and dissented in part with the majority ruling. He wrote in an accompanying opinion that he agreed with the suspension, but he says he thinks Wilfong should have been fined the $20,000 as well.

“The majority, or so it appears, is more concerned with minimizing sanctions to a single public official than ensuring that the entirety of the Randolph County judiciary is in order,” Loughry wrote. “It is clear that Judge Wilfong cavalierly betrayed the trust of the voters and citizens of Randolph County.

“Equally clear is the fact that her conduct will cost the entirety of the state’s taxpayers considerable expense to address this betrayal of the public’s trust. The undisputed testimony in this case demonstrates that the investigation into Judge Wilfong’s actions cost Randolph County approximately $50,000.

“Because of her actions and resultant suspension, this court has been forced to assign and pay temporary judges to cover the remainder of Judge Wilfong’s term at considerable expense to the taxpayers.”

This summer, the Judicial Hearing Board had recommended Wilfong be censured, suspended for three years without pay, fined $20,000 and pay court costs. She appealed in September, saying a public reprimand was a more appropriate discipline. She has been on suspension since May.

Before the Supreme Court, Wilfong was being represented by Charleston attorney Harry Deitzler and Elkins attorney David A. Sims.

West Virginia Supreme Court of Appeals case number 14-0379

CHARLESTON – A Randolph County man is suing over claims his 17-year-old son was fatally stabbed by another high school student on school property.

Kevin R. White, individually and as administrator of the estate of Dustin Lee White, filed a lawsuit Oct. 21 in Kanawha Circuit Court against the Randolph County Board of Education and the West Virginia Board of Education, citing wrongful death.

According to the complaint, Dustin Lee White was a 17-year-old student at Tygarts Valley High School in Mill Creek on Oct. 26, 2012, when he was stabbed by another student named Thomas Vas at a school activity on school property. The complaint states that the injuries White sustained led to his death.

Dustin’s father, plaintiff Kevin White, says the school was well aware of Vas’ propensity for violence, including incidents in which he stabbed another student in the abdomen with a pencil, punched another student in the groin, repeated verbal threats to “jump” or “stab” other students, bringing a knife to school and an individual having a restraining order against him.

According to the lawsuit, the school was in possession of a video recording of Vas in a fight with another student, and the principal once escorted Vas to the school bus in response to threats that he would “jump” students after school, even offering to give a student a ride home in response to another of Vas’ threats to “jump” the student.

Kevin White also says Vas made verbal threats to Dustin and another student on the day of the fatal stabbing. The school is accused of negligence and recklessness in failing to recognize the signs and evidence of Vas’ violence, investigate complaints, remove Vas from the school, report Vas’ stabbing of a student with a pencil to the appropriate authorities, provide proper supervision at school activities and respond to information of an imminent altercation on school property.

Kevin White seeks damages including medical and funeral expenses, interest and costs.

He is represented by attorneys James Graham Bordas III and Laura Pollard of Bordas and Bordas in Wheeling, and Dorwin John Wolfe of Wolfe Law Firm in Elkins.

Kanawha Circuit Court case number: 14-C-1897

CHARLESTON – Gov. Earl Ray Tomblin has appointed David H. Wilmoth as the new Randolph Circuit Judge.

Wilmoth

Wilmoth will fill the vacancy created by the resignation of former Circuit Court Judge Jaymie Wilfong.

“David’s leadership and professional background are extremely well respected in the 20th Circuit,” Tomblin said in a statement. “I’m confident his extensive legal knowledge and commitment to his community will help David in his efforts to serve the people of Randolph County in his new role as circuit judge.”

A graduate of Marshall University and West Virginia University College of Law, Wilmoth began his legal career in 1991 as an associate attorney at Jory & Smith LC. In 1997, he established his own law firm, David H. Wilmoth LC in Elkins, where he has served a number of practice areas for the last 18 years.

His legal experience also includes service as the Randolph County Fiduciary Commissioner for six years and the Mental Hygiene Commissioner for both Randolph and Tucker counties for more than 15 years. In addition, he worked as Discovery Commissioner for the Randolph County Circuit Court and Special Commissioner for Randolph and Barbour County Circuit Courts.

Wilmoth’s past community service includes serving on the Randolph County Ambulance Authority Board and the Correctional Officer Civil Service Commission.

In an email to the Elkins newspaper, Wilmoth said he appreciated the opportunity to serve.

“I want to thank Gov. Tomblin and the Advisory Commission for their confidence in me,” Wilmoth wrote in the email to The Inter-Mountain. “I also want to thank my wife and family, my friends and colleagues and the many others who have expressed their support during this process. …

“I am truly excited about the opportunity to serve the citizens of Randolph County as Circuit Judge. I am humbled by the support and confidence and the many phone calls and contacts I have received. I believe I am up to the challenges of the job, and will work hard to live up to this great honor.

“I plan to contact the Supreme Court for their guidance and direction as I make this transition.”

Wilfong resigned in November, just days after the state Supreme Court suspended her without pay for the rest of her term after she admitted to having a two-year affair with Travis Carter, who was the director of the North Central Community Corrections program in Elkins. Carter and his subordinates could appear in Wilfong’s court.

“Please accept this as my formal letter of resignation, effective today,” Wilfong wrote in the letter dated Nov. 18. “My decision to resign is based largely on the fact that I do not want the taxpayers to incur the unnecessary cost of paying for the judges who would have to be appointed during the period of my suspension.

The citizens of Randolph County have my sincere and heartfelt appreciation for allowing me the privilege of serving as their Circuit Judge for nearly six years.”