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Photo of Steven Allen Adams Pleasants County Attorney Brian Carr and two former magistrates are under investigation over a program that has dismissed misdemeanor charges in exchange for up to $ 1,500
CHARLESTON – Two Pleasants County magistrates have resigned and the county attorney’s office is under investigation over a vacation program designed to clear misdemeanors in exchange for hefty fees some are calling “Santa-Gate.”
Pleasants County Attorney Brian Carr confirmed on Wednesday that his office was under investigation by the West Virginia Office of the Disciplinary Council for his involvement in the “Slow down for the holidays” program administered by the St. Marys Police Department and the Pleasants County Sheriff’s Department.
“Your information regarding an ODC investigation of me is correct” Carr said in an email Wednesday morning.
The Slow Down for the Holidays program, typically run from October to mid-December each year, allows motorists who receive traffic tickets to have those tickets canceled in exchange for donating a $ 50 gift card or the purchase of toys valued at $ 50 for the holidays. collecting gifts in the county. The program also solicits monetary donations and fundraisers.
“The Slow Down for the Holidays community service program has been around for many years and has been used on a limited number of occasions.” Carr said. “It was understood by law enforcement as an alternative legal mechanism to deal with only a limited number of criminal traffic offenses without any obstacle to other government sanctions imposed by the Department of Motor Vehicles. “
According to a source directly aware of the investigation who declined to be identified, the Pleasants County District Attorney’s Office became involved in the program three years ago. Instead of dismissing traffic citations for $ 50 in gift cards or toys, the county dismissed the state’s criminal misdemeanor charges in district court – from school bus passing citations to charges of DUI – for up to $ 1,500.
“To the best of our knowledge, no one has personally benefited in any way other than the individual motor vehicle driver and members of the community who have been identified as, or known to have, a family need or have Need help.” Carr said.
The involvement of the Pleasants County District Attorney’s office and the two county magistrates – Randy Nutter and Lisa Taylor – sparked an investigation by the ODC and the Judicial Inquiry Commission. The ODC investigates state lawyers, while the JIC investigates judges, judges and magistrates.
A spokesperson for the West Virginia Supreme Court of Appeals could neither confirm nor deny ODC or JIC investigations in Pleasants County. According to sources, ODC and JIC began investigating the Slow Down program last year. A request for comment from ODC was not returned.
“According to the rules of judicial disciplinary procedure, the affairs of the JIC are confidential unless the JIC issues a warning or formal charges have been laid,” State Supreme Court information officer Jennifer Bundy said in a statement Tuesday. “To date, no reprimands have been issued by the JIC and no formal charges have been filed with the Office of the Registrar of the Supreme Court.”
Nutter and Taylor both resigned their magistrates’ posts on August 13. Supreme Court Chief Justice Evan Jenkins appointed Senior Magistrate Teresa Robinson to serve as magistrate in the county until 3rd Circuit Court Judge Tim Sweeney appoints replacement magistrates.
According to the direct source, the JIC determined that Nutter and Taylor acted inappropriately in agreeing to agreements between the prosecutor’s office and defense attorneys to dismiss the misdemeanor charges. A request for comment from Nutter was not returned, while Taylor’s contact details were not immediately available.
Carr declined to comment further, only to say that the Slow Down for the Holidays program is on hold pending the outcome of various inquiries.
“At the moment, no further comments can be made so that the investigation can be completed without impacting any form of comment in print or on social media,” he added. Carr said. “I will allow my legal counsel to respond to any further requests for comment and I will continue to serve the people of Pleasants County in a fair administration of justice.”
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