EKB News

The West Virginia Supreme Court of Appeals heard a motion to petition for appeal Wednesday morning regarding the ouster case of a Mingo County Commissioner.A brief presentation was made to the high court in the hopes it will consider an appeal of a decision not to remove commissioner Greg "Hootie" Smith from office handed down last year by a three-judge panel.Williamson attorney Letitia Chafin made the 10-minute oral argument, stressing that she believes the panel didn't do the proper analysis when ruling on the original ouster petition in October of last year. "I thought it went well," Chafin said after returning to Williamson Wednesday. "(The court) seemed interested and I got all my legal points across. I think we got our facts before them."By rule, Smith's counsel didn't have the opportunity to rebutt. The supreme court now will consider the motion and make a ruling on whether or not to hear the appeal. If accepted, both sides will have the opportunity to submit briefs and make oral arguments.The court may make a ruling on the motion as early as next week.The appeal stems from the October 2007 ruling by a three-judge panel to deny an ouster petition filed against Smith on Dec. 15, 2006 by Mingo County Sheriff Lonnie Hannah and current county commissioner David Baisden.The original complaint accused Smith of engaging in official misconduct, malfeasance and misfeasance in office. The Williamson attorney was accused of violating his fiduciary duty as the fiscal superintendent for county citizens. Hannah and Baisden charged Smith failed to protect tax dollars, constituting official misconduct.In a side note to the case, Chief Justice Elliott "Spike" Maynard was present at the hearing and said he would be participating in the case if it continues. Smith filed a petition last month asking Maynard to recuse himself from the case, saying that a conflict of interest existed. Smith claimed Justice Maynard and Hannah entered into a property deal with one another.


Courtesy : Brad Davis Managing Editor of Williamson Daily News.