Pleasants County prosecutor under investigation

Magistrates resign over holiday ticket program

CHARLESTON - Two magistrates in Pleasants County have resigned and the county prosecutor's office is under investigation over a holiday program designed to wipe away misdemeanors in exchange for hefty fees that some are calling "Santa-Gate."

Pleasants County Prosecuting Attorney Brian Carr confirmed Wednesday his office is under investigation by the West Virginia Office of Disciplinary Counsel for its participation into the Slow Down for the Holidays program operated by the St. Marys Police Department and Pleasants County Sheriff's Department.

"Your information regarding an ODC investigation of me is accurate," Carr said in an email Wednesday morning.

Slow Down for the Holidays, usually conducted from October to mid-December each year, allows motorists who receive traffic citations to have those citations dismissed in exchange for the donation of a $50 gift card or the purchase of toys valued at $50 for holiday gift drives in the county. The program also solicits monetary donations and fundraisers.

"The Slow Down for the Holidays community service program has been in existence for many years and has been utilized on a limited number of occasions," Carr said. "It was understood by law enforcement as an alternative legal mechanism to address only a narrow scope of criminal traffic offenses without any impediment to other government sanctions imposed by the Department of Motor Vehicles."

According to a source with direct knowledge of the investigation who declined to be identified, the Pleasants County Prosecutor's Office got involved with the program three years ago. Instead of dismissing traffic citations for $50 in gift cards or toys, the county was dismissing state criminal misdemeanor charges in magistrate court – from citations for passing school buses all the way up to DUI charges - for as much as $1,500.

"To the best of our knowledge, no one personally benefited in any way other than the individual motor vehicle operator and members of the community who were identified as, or known to have, a family need or in need of assistance," Carr said.

The involvement of the Pleasants County Prosecutor's Office and the county's two magistrates - Randy Nutter and Lisa Taylor - triggered an investigation by the ODC and the Judicial Investigation Commission. The ODC investigates lawyers in the state, while the JIC investigates justices, 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, the ODC and JIC started investigating the Slow Down program last year. A request for comment from the ODC was not returned.

"Per the Rules of Judicial Disciplinary Procedure, JIC matters are confidential unless the JIC issues an admonishment or formal charges have been brought," said Jennifer Bundy, public information officer for the state Supreme Court in a statement Tuesday. "As of today, no admonishments have been issued by the JIC and no formal charges have been filed with the Supreme Court Clerk's Office."

Both Nutter and Taylor resigned their magistrate positions on Aug. 13. Chief Justice Evan Jenkins appointed Senior Status Magistrate Teresa Robinson to serve as magistrate in the county until 3rd Circuit Court Judge Tim Sweeney appointed replacement magistrates.

According to the direct source, the JIC determined that Nutter and Taylor acted improperly in accepting the agreements between the Prosecutor's Office and defense attorneys for dismissing the misdemeanor charges. A request for comment from Nutter was not returned, while contact information for Taylor was not immediately available.

Carr declined to comment further, only to say that the Slow Down for the Holidays program is paused pending the outcome of the various investigations.

"Further comment at this time cannot be made so that the investigation can be completed without impact from any form of printed or social media comment," Carr said. "I will allow my legal counsel to address any further requests for comment, and I will continue to serve the people of Pleasants County in the fair administration of justice."

Steve Adams can be reached at sadams@newsansentinel.com.