(#142) 13 October 2016, Vol.3, No.29 > REPRIMAND
UPON COUNTY MAGISTRATE!
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to Pocahontas County
– the Rain Forest of America –
A
place where Rainbows end!
The
POCAHONTAS CRIER
‘When the Righteous succeed the people rejoice,
But when the bad govern, men groan!’ – Proverbs 29:2
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REPRIMAND UPON COUNTY MAGISTRATE!
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A PUBLIC ADMONISMENT, Complaint No. 80-2016, has been
issued against Pocahontas County MAGISTRATE CYNTHIA BROCE-KELLY by the West
Virginia Judicial Investigation Commission for violating the CODE OF JUDICIAL
CONDUCT, specifically for violating Rule 1.1, 1.2, 2.1, and 2.5(A) and ordered
that Magistrate Kelly be publicly
admonished pursuant to Rules 1.11 and 2.7(c) of the Rules of
Judicial Disciplinary Procedure.
The PUBLIC REPRIMAND stems from a
complaint filed by Stephen M. McNally of Arbovale in which Magistrate Kelly
failed to hold a timely initial appearance for a person under arrest, and
instead Magistrate Kelly told the arresting officers to take McNally to the
Tygart Valley Regional Jail (TVRJ) in Norton, West Virginia. Magistrates rotate their shifts on a weekly
basis and in this particular scenario, Magistrate Kelly began her weekly-shift
at 7:00 am on 10 May 2016 and it ran until 7:00 am on 17 May 2016. The Code of Judicial Conduct makes one thing clear at all
times – and that is that the Arrested Person /
Defendant is to have his Civil Rights PROTECTED AT ALL TIMES, NOT
VIOLATED – and that the Magistrate is to
perform their respective duties & responsibilities towards DEFENDING THOSE
RIGHTS instead of neglecting those rights for personal reasons or for
considering them as an inconvenience!
In a previous discussion regarding
the failures of the current ‘Magistrate Court System’, and how far a field
it has drifted from its original intent stemming back into the Middle Ages – we
discussed how the taking of ‘prisoners’
to TVRJ has become a BUSINESS UNTO ITSELF as the arresting officers get paid
OVERTIME PAY so that they can take the next day off and provide themselves a
three or four day week by getting paid two-days-in-one at the expense of the
taxpayers!
Another element of consideration is the fact that no matter how petty the charges against someone appear to be, especially when those charges are misdemeanor charges rather than felony charges – the arresting and jailing of a person is USED AS THE PUNISHMENT of that person since both the arresting officers and the office of the magistrate know that the misdemeanor charges will eventually be dismissed and the defendant is usually only being charged out of some vindictive, political or clandestine reason! This current REPRIMAND may very well put these shenanigans on hold in the face of the fact that the OFFICE OF THE MAGISTRATE IN POCAHONTAS COUNTY HAS NOW BEEN WARNED TO CEASE & DESIST its current wrongful policies! The office of the magistrate has now been officially WARNED that ‘JUSTICE DELAYED IS JUSTICE DENIED’ – and that a defendant / arrested person has a RIGHT be arraigned ON A TIMELY BASIS since that is the sworn duty & responsibility of each magistrate on call!
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“All must admit that the reception of the teachings of the
Christ (i.e., the Messiah) results in the purest patriotism, in the most
scrupulous fidelity of public trust, and in the best type of citizenship.” – President Grover Cleveland
“The reason that Christianity is the best friend of
Government is because Christianity is the only religion that changes the heart
(i.e., innermost feelings).” – President Thomas Jefferson
YOU ARE NEVER WRONG…IF YOU
DO THE RIGHT THING! Mark Twain
ONE WAY OR ANOTHER…WE ALL REAP WHAT WE HAVE
SOWN…& then some!
“The Gray
Riders are now gone, yet they remain asleep in our
soil, and alive in our veins. Untouched by fire, untouched by frost, they
whisper within us: ‘OUR CAUSE IS NOT LOST!’”
♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦
The Pocahontas Crier is an independent, free, non-subscription, Internet News Service
providing in depth reporting on important issues directly affecting the
Citizens
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impropriety and the appearance of impropriety, and offering Common Sense
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