Three-judge panel denies request to remove magistrate - WVVA TV Bluefield Beckley WV News, Weather and Sports

Three-judge panel denies request to remove magistrate

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McDowell Co. Magistrate Steve Cox McDowell Co. Magistrate Steve Cox
Kevin Wade Kevin Wade
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Welch, W. Va. (WVVA) - The petition to remove McDowell County Magistrate Steve Cox has been denied.

The order was handed Tuesday morning following a hearing held in Welch the day before.

The petition for removal was filed by Kevin Wade in regards to notations made on two safety orders that were handled in Cox’s courtroom. In the petition, Wade alleged numerous counts of misconduct, malfeasance, and neglect of duty. In case numbers 145-11 and 145-12, Magistrate Cox made the following note to both orders, “Mr. Wade said he was going to call Supreme Court and would be back in a few to pay.”

The three-judge panel concluded the notations to the original orders did not alter the facts and had no bearing on the evidence taken in the cases. The court also stated that magistrates all over the state make similar types of notations on court documents and the practice “does not interrupt or interfere with carrying out of their duties to the public.”

The Court denied Wade’s petition for removal and granted Magistrate Cox’s motion to dismiss the case.

Judge Omar Aboulhosn, Judge John Cummings, and Judge Charles Vickers served on the panel

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