Pocahontas County Magistrate has been formally admonished by the WV Judicial Commission. The complaint filed against Kelly by Steve McNally called for her to be disciplined for her failure to do her duty on the May election evening.
McNally was arrested on a dog complaint and his home searched for dog tags. When he was delivered to the Pocahontas County Courthouse, Kelly was on duty, had just won relection and in her exuberance laughed in McNally's face when she was asked to arraign him for the arrest.
The result was the McNally was transported to the Tygart's Valley Regional Jail that night and arraigned the next day. He had to pay a bond fee of $935 dollars on a $10,000 bond. McNally is disabled and lives along with his animals at Arbovale. He lives on a fixed income and can't afford this much money just because the sheriff gets a hair up his tail and the magistrates help him.
The admonishment is unusual in that magistrates have quite a bit of leeway in ordering an arrest and arraignment. But there is a definite time period that they are required to arraign an arrested person. Kelly was on call and refused to do her duty. We hope that McNally will ask for her removal from office.
McNally used a very simple process to file the complaint. He didn't need a lawyer to do it either. You have certain rights and one of those rights is the right not to spend a night in jail simply because a magistrate is too lazy to arraign you. Our current sheriff has used this process of late night arrests to ensure that anyone arrested spends at least a night in jail regardless of their guilt.
Sheriff Candidate McCoy participates in late night arrests too.
Jonese has targeted those who have used their freedom of speech by contributing to the Pocahontas Commentator Plus, the digital voice of Pocahontas County.
We hope that when a magistrate screws you in the future that you will stand up for your rights. The editor of this paper has the paper work and willingness to help you file a complaint. Plus there are others who can assist you!!!
Keep Up the Good Work
and We hope that Kelly has to pay back your money from her own pocket.