(#142) 13 October 2016, Vol.3, No.29 > REPRIMAND UPON COUNTY MAGISTRATE!
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REPRIMAND UPON COUNTY MAGISTRATE!
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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