CHARLESTON, W.Va. – Kanawha County Commissioner Dave Hardy says embattled Kanawha County Prosecutor Mark Plants should resign immediately.
“I think it would be in the best interests of Mr. Plants and the taxpayers of our county if he would resign from office,” Hardy told MetroNews Tuesday afternoon.
Hardy called for the move during Tuesday evening’s meeting just before the commission agreed to pay the first bill for a special prosecutor appointed because of the controversy involving Plants.
Commissioner Hardy said he reviewed the $24,000 bill over the weekend and reached his conclusion that the elected prosecutor should step down.
“I don’t say that lightly and I don’t say that out of disrespect but this has been an ongoing distraction to our office and to the county’s ability to get its work done and I don’t see it ending quickly and don’t see it ending very well,” Hardy said.
Kanawha County Circuit Judge Duke Bloom appointed four special prosecutors to handle domestic violence cases from the City of Charleston after Plants himself was charged with two misdemeanors for allegedly violating a domestic protective order filed by his ex-wife and battery after disciplining his son with a belt that left a bruise.
A pretrial diversion agreement reached last week keeps the charges in place for a year after Plants agreed to do certain things. If he does, the charges would be dropped. That agreement has since come into question by the special prosecutor handling the Plants case.
Commissioner Hardy said the situation is a mess and while the charges are still pending the special prosecutor on domestic violence cases will keep making $200-an-hour. He said everyone makes mistakes but this one is costly.
“Every time that we write a check for 24-thousand dollars for a special prosecutor that we have to pay as a result of the problem–that’s a police car that we didn’t buy. I don’t think it’s in the public’s best interest that we keep writing those checks,” Hardy said.
Commission President Kent Carper said Tuesday evening he would start the petition process to remove Plants next week if the state Supreme Court doesn’t make a move.
Plants hasn’t expressed any interest in resigning his elected position.
“He was elected by the people and I suspect that if he wants to stay in the office for a while longer or even to the end of his term he may be able to,” Commissioner Hardy said. “I only speak as a person in charge of the county’s budget and have to balance all the needs. It’s painful. It’s unfortunate but I felt like as a public official and the county asked me to manage the county’s budget—in my judgment this needs to end.”
MetroNews put out a call to Prosecutor Plants and is still awaiting comment.
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Comments
Judy Page
Leave Plants alone , child abuse is putting kid in hospital or beating one till they r hurt bad.A little bruise is nothing.All this is a jealous X wife out to destroy him.The schools can't.Mmake them mind and neither can parents.Yell, punish them by making them sit in chair. What kind of chair will they be in when they get older.Kids r beating up g.parents
May 30, 2014 at 3:07 am | Report comment
Wirerowe
I think Mark Plants should resign.
May 28, 2014 at 11:22 am | Report comment
News reader
Does anyone know who set the pay amount for the Special Prosecutor? Judge Bloom or the commission?
May 27, 2014 at 10:32 pm | Report comment
News reader
I read an article not to long ago that Plants, along with the help of his office, saved the taxpayers over $500,000 last year alone by cutting the jail bill! What did Hardy and Carper do with that money?
They should leave this man alone, they may think Mr. Plants doesn't have supporters, but he does. Lots of them!
May 27, 2014 at 10:28 pm | Report comment
kanawha Taxpayer
Amanda where are you from? You make it sound like Commish Hardy & Carper aren't voted in just like Plants was. They are responsible to the taxpayers of THIS county & I for one am thrilled to see them stepping up. I voted for all these mentioned EVEN Plants BUT he's made huge mistakes & I gues if we were to ask his step son to ask Mark to resign we just might get it! The bottom line there's a money trail and it's be quashed by judge assigned to Plants.
How much spending is HIDDEN on his escapades?? I would sign the petition & mainly on his behavior in his capacity as Prosecutor & throwing "our" money away on his bad judgement. Pathetic!! 'Did I whip him enough?? That's worse than the corporal punishment IMO.
May 27, 2014 at 10:18 pm | Report comment
Ron - from Morgantown
I just think the standard for removing a duly elected official should be high . You start that " slippery slope" if you can remove an official for frivolous reasons. See - Mayor of Pratt . In Plants case it will be interesting to see the exact reason for the petition . A financial hardship isn't enough to remove Plants because it doesn't fit the definition of " infamous crime " or meet the standard relating to the conduct of Plants while performing his official duties as the Prosecutor.
May 27, 2014 at 10:00 pm | Report comment
William Glasser
I agree.
I became concerned over the "constitutional" angle. Prosecutors need to attack phony defenses; not invent them.
May 27, 2014 at 10:05 pm | Report comment
Amanda
The defense was given by Plants attorney, Jim Cagle. He is a well respected lawyer and very intelligent.
May 27, 2014 at 10:24 pm | Report comment
Kan. taxpayer
It doesn't matter if he were represented by the late Mr. Johnny.
That so called hearing? Plea? is all for naught! It's full of mistakes and not in compliance with any rules on the book! The judge wanted to work a family situation out & that's great however; NOT going to fly for an elected prosecutor!
May 27, 2014 at 10:31 pm | Report comment
William Glasser
So, if you are Plants, how do you get around Cagle's argument. Plants did not repudiate it.
I am smart and respected, too; but I can see that all bruises 6 inches and less would be called constitutionally protected discipline.
May 27, 2014 at 10:28 pm | Report comment
William Glasser
Two biggest Plants problems:
1.Plants says didn’t intend to strike his son with the edge of the belt, which caused the U-shaped bruise...“After all, there were allegedly multiple spanks, but only one bruise.” So, the belt went wild on its own. Not his fault.
2. Positing constitutional right to beat son with belt. AKA the Plants Defense.
So, Plants takes no responsibility for himself and provides a defense for child belting from which I can see no way out.
Who wants a prosecutor who makes up (nonexistent) constitutional defenses ?
see link: http://www.abajournal.com/news/article/disciplining_son_with_a_belt_is_a_constitutional_right_prosecutor_says_in_b
May 27, 2014 at 9:20 pm | Report comment
JM
Or just let him stay on as prosecutor and use his salary to pay for the special one. Oh, he does not make that much........when he starts owing money....then he will quit.
But if it is over embarrassment and that cost to the county.............then it is time to go after kent as well...........
May 27, 2014 at 8:56 pm | Report comment
William Glasser
Carper is a republican.
May 27, 2014 at 8:41 pm | Report comment
Tony
No he is not a Republican. Kent Carper is a Liberal Democrat.
May 27, 2014 at 9:51 pm | Report comment
William Glasser
I see him at our republican dinners all the time.
May 27, 2014 at 9:52 pm | Report comment
Tony
He is a politician. He is a liberal Democrat. Get your facts straight
May 27, 2014 at 9:54 pm | Report comment
The bookman
Sir,
No need to be obstinate. He is a registered Democrat. That was the discussion. Are your dinners exclusive to party? If so, you may want to start requiring a voter registration card.
May 28, 2014 at 8:08 pm |
DIASPORA
Who cares if Carper is a Republican or Democrat. It is county level politics.
May 28, 2014 at 2:03 pm |
The bookman
Carper was a Republican until 1999, then switched to Democrat after a disagreement with Cecil Underwood over the Airport.
May 28, 2014 at 6:01 am |
William Glasser
I saw him give the prayer at our last republican dinner. where you there ?
May 27, 2014 at 9:56 pm |
arp
Country Commission wants Plants gone so they can appoint their own, Democrat replacement. Trust me, this thing has been largely political from the outset! You know that's the Charleston Gazette's angle--get a Democrat into that office.
May 27, 2014 at 8:38 pm | Report comment
Hillbilly
I don't think the County commission can appoint a replacement.. the governor maybe?
May 28, 2014 at 7:03 am | Report comment
Aaron
It's a county position so why couldn't the commission fill a vacancy created by a resignation?
May 28, 2014 at 9:40 am | Report comment
Aaron
Why couldn't Plants and the Republican chair negotiate that the replacement be a Republican?
May 27, 2014 at 9:09 pm | Report comment
arp
County Commission appoints if there's a vacancy. Carper and Hardy are Democrats. They're not going to replace Plants with another Republican!
May 28, 2014 at 11:33 am | Report comment
Ron - from Morgantown
Mr. Plants you have done nothing wrong , certainly nothing that warrants a resignation . Stand tall and tell Hardy to mind his own business . I applaud Mr Plants for being an active and engaged parent and for caring about the well-being of his children . We need more parents like him . Its a full time job trying to raise children these days especially when you consider all the outside influences ( social media) vying for the attention and influence of kids these days . And here is Plants , just trying to be a good father and positive role model . And here is Hardy, just trying to draw attention for himself and boast his already inflated ego . What doesn't Hardy understand about "all charges will be dropped ? " Perhaps a better solution would be to ask Judge Bloom to rescind his decision in light of the latest ruling on Mr Plants in Magistrate Court . Then the county wouldn't have to pay the extra fees . Mr Plants could teach his children a valuable lesson about courage and conviction by standing his ground against an overbearing County Commission interested more in hyperbole than in good governess .
May 27, 2014 at 8:26 pm | Report comment
Aaron
Had he not broke the law and admitted to it in open court, you might have a point as well. As it is, if he wants to teach his kids a lesson, other than you don't whip your kid to appease the step-kid, he would step down for breaking the law he swore to uphold and show his kids real men own up to their actions.
May 27, 2014 at 9:07 pm | Report comment
William Glasser
Role model ?
1. Impregnates his secretary while both are married to others
2. Lets paramour's husband think kid is his.
3. Gives paramour $15,000 in raises.
4. Beats kid with belt, leaving 6 inch bruise.
5. Violates protective order under color of phony excuse.
6. Disingenuously posits (nonexistent) constitutional right to beat kid.
7. Teaches kids to lie, cheat and steal.
Nothing to see here.
Give him a good conduct medal.
May 27, 2014 at 8:34 pm | Report comment
wv4evah
William Glasser: your first post in this section is brilliant. Well-stated. Bravo!!
May 28, 2014 at 10:50 am | Report comment
Ron - from Morgantown
If Carper starts a petition to remove Plants none of the seven things you reference will be mentioned as a reason for removal . So I ask , why is the County Commission so anxious to remove Plants ? You mentioned things that don't pertain to the article - and that is the forced resignation of an elected official . I don't think $200 in bill- able hours by special prosecutors is enough to circumvent an office holder duly elected by the citizens of the county .
May 27, 2014 at 9:14 pm | Report comment
William Glasser
I don't think he should be removed; he should resign...mainly for positing a constitutional right to child belting ... AKA the Plants defense.
All bruises 6 inches and under would be protected discipline.
May 27, 2014 at 9:24 pm | Report comment
William Glasser
Right. I support his resignation, not a forced removal.
The people get the government they deserve.
They can make corrections with elections.
If he stays, he could donate his salary toward paying the SP.
May 27, 2014 at 9:35 pm |
Ron - from Morgantown
So if Mr. Plants doesn't resign , you won't support the effort by the CC to remove him by petition ?
May 27, 2014 at 9:29 pm |
The bookman
What do you not understand about the mutual agreement, the one year timeline, and the cost to the taxpayer for duplicate prosecutorial service? Yes, as Hardy explained, Plants could stay to term in his current position. Is that the best course for Kanawha County? For Plants? For his family?
May 27, 2014 at 8:31 pm | Report comment
The bookman
It's now a matter of intestinal fortitude. Is Plants big enough to put his constituents ahead of his pride? I do have great empathy for him, as his personal life plays in the public arena. Take Hardy's advice. Resign.
May 27, 2014 at 7:21 pm | Report comment
Amanda
Better question to ask is who set the pay for the special prosecutor?
Shame on Dave Hardy and Carper, I will never vote for either again.
May 27, 2014 at 6:07 pm | Report comment
arp
I agree--no more votes for Hardy or Carper! Plants was elected by the people and has a full right to remain in office! Inappropriate for them to call for his resignation.
May 27, 2014 at 8:40 pm | Report comment
Aaron
Why, did they violate a protective order?
May 27, 2014 at 6:17 pm | Report comment
thornton
$24K....I suggest the lucre be reimbursed by Plants as a parting gift.
And please, MetroNews...lose that photo of Plants!
He appears to be missing Larry and Moe....kinda sad.
May 27, 2014 at 5:27 pm | Report comment
TCeer
Spank your child.....lose your job. Unbelievable!
May 27, 2014 at 5:25 pm | Report comment
Aaron
I don't think it was the spanking part that is costing taxpayers $200 an hour for a special prosecutor, it was everything Mr. Plants has done since. He's responsible for his actions yet he refuses to deal with the consequences. How can anyone support that?
May 27, 2014 at 6:16 pm | Report comment
Amanda
It's about a conflict, so yes it is about a spanking. A spanking. This is ridiculous. Hope his ex is happy now.
May 27, 2014 at 6:28 pm | Report comment
Aaron
His ex didn't break the law.
He did. He has no one to blame but himself.
May 27, 2014 at 10:47 pm | Report comment
William Glasser
I heard Plants on TV say he had a constitutional right to belt his child.
Why do you call it a spanking. He seemed to be proud of it.
May 27, 2014 at 6:36 pm | Report comment
William Glasser
Beating with a belt is not spanking.
Violating a domestic protection order is not spanking.
May 27, 2014 at 5:34 pm | Report comment
Ut Oh
If the police would have found the kids in the car unattended would his ex wife been charged with neglect. Sounds like the ol boy did the right thing in making sure the kids were safe when his ex wife left them in the car. Sorry situation all around.
May 27, 2014 at 8:23 pm | Report comment
William Glasser
The kid did not call wolf. The 6 inch bruise did the talking.
May 27, 2014 at 9:02 pm | Report comment
JM
the right thing would have been to call the police
May 27, 2014 at 8:59 pm | Report comment
Amanda
You're an idiot. There was no beating, and his ex spanked with a belt also. This is insane!
May 27, 2014 at 6:00 pm | Report comment
Aaron
Did she violate a lawfully issued protective order?
May 27, 2014 at 6:16 pm | Report comment
Aaron
We're they small children, perhaps that might be a valid argument but as they're middle school aged kids and he knew the consequences, that's hogwash. If he was concerned for their safety, he could have went to his car, waited until she came out and then left without violating the order.
If that wasn't sufficient, he could have went inside and ask a clerk to step outside and watch his kids until law enforcement showed up.
Instead, he broke the law that he swore to protect and uphold. How can you defend that?
May 27, 2014 at 9:05 pm |
Amanda
She did leave her kids alone in a car, so she could shop.
May 27, 2014 at 6:30 pm |
William Glasser
Spanking is done with an open hand.
May 27, 2014 at 6:08 pm | Report comment
Ut Oh
When I grew up it was with a belt, paddle, open hand and when I "thought I was a big boy" I got knocked in my place. Today the kids just yell wolf and parents are charged!
May 27, 2014 at 8:26 pm |