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Wednesday, June 14, 2017

A major Legal Problem

Anonymous has left a new comment on your post "Anonymous Makes Major Accusation Against Magistrat...": 

Perhaps reading the code of judicial ethics should be a requirement for all magistrates, assuming they can read. Magistrates here have routinely sought the advice of the prosecutor's office on active matters in violation of the following portion of the code:

Ex Parte Communications

A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, concerning a pending* or impending matter,* except as follows: 

When circumstances require it, ex parte communication for scheduling, administrative, or emergency purposes, which does not address substantive matters, is permitted, provided: 

the judge reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; and

the judge makes provision promptly to notify all other parties of the substance of the ex parte communication, and gives the parties an opportunity to respond.

A judge may obtain the written advice of a disinterested expert on the law applicable to a proceeding before the judge, if the judge gives advance notice to the parties of the person to be consulted and the subject matter of the advice to be solicited, and affords the parties a reasonable opportunity to object and respond to the notice and to the advice received.

A judge may consult with court staff and court officials whose functions are to aid the judge in carrying out the judge's adjudicative responsibilities, or with other judges, provided the judge makes reasonable efforts to avoid receiving factual information that is not part of the record, and does not abrogate the responsibility personally to decide the matter.

A judge may, with the consent of the parties, confer separately with the parties and their lawyers in an effort to settle matters pending before the judge.

A judge may initiate, permit, or consider any ex parte communication when expressly authorized by law* to do so.

If a judge inadvertently receives an unauthorized ex parte communication bearing upon the substance of a matter, the judge shall make provision promptly to notify the parties of the substance of the communication and provide the parties with an opportunity to respond.

A judge shall not investigate facts in a matter independently, and shall consider only the evidence presented and any facts that may properly be judicially noticed.

A judge shall make reasonable efforts, including providing appropriate supervision, to ensure that this Rule is not violated by court staff, court officials, and others subject to the judge's direction and control.


  1. It is a violation of the code for a magistrate to seek the advice of anyone in the prosecutor's office in a criminal matter, regardless of the circumstances.

  2. The PA's initiate and play there part in this as well. As for Magistrates they have in open court stopped the flow of proceedings and sought guidance and advise, and asked about code or procedure of ONE of the parties lawyers in proceedings, or a PA. That corrupts the proceedings and is also under "fraud, mistake or error" and nullify things doesn't it? Who of course then LIES continually to get their WIN or in the case of the PAs the lose they wanted. All while violating the right of the other party, obstruction of justice, a fraudulent proceeding, and not following procedure. Those certain attorneys are guilty of bar and ethics violations and obstruction of justice and know they have just poisoned the proceedings.

    If a Judge or a Magistrate is unsure of something they can take a break and look it up. All States Courts they simply can call their WV Supreme court and get answers right then and there, they have whole departments just for this as it is in the best interest of Justice and the role of the courts. They can also adjourn for the day until they know WTF they are doing. but they don't.

    If a party as pro se with no attorney points out the code, rule, procedure they have been told to shut up or they will be arrested for practicing law without a license. If they try to show or hand over the actual Rules, code to the court it is ignored. If asked ot have that at least entered into the record they don't do that. It would leave a trail of evidence of the fraud of the Court. Any party, or witness may cite code, or any of this, it is their basic right and part of the process.

    Look up WV code on long list of what a PA is and what a PA and the PAs office must do. They don't. Those are crimes, violations of WV code. It is also public services fraud. Some of those things they are given money to do. If they don't do them where does that money go?

    Folks see and hear things, and folks talk. Some folks make reports. Some things are supposed to be under investigation. Worse stuff even that what has been posted here, and with more hard evidence and witnesses. But who knows, seems all of WV is corrupt.

    After all how can you find a form or a division or department to report and entire counties Magistrate court system that operates outside of code, Rules, procedure. ethics as a whole so completely and fully?

    Maybe that comment was right and just start filling out that online contact form on and just keep exposing and ask help from the President.

  3. does anyone think a company will ever locate a factory here with all of the county corruption at all levels???


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A local archivist who specializes in all things Pocahontas County