CHARLESTON, W.Va. — State Supreme Court Chief Justice Robin Davis appointed a three-judge panel Monday to take up the case filed by the Kanawha County Commission to remove elected Kanawha County Prosecutor Mark Plants from office.

(Read petition to remove Plants here)

Davis appointed Preston County Circuit Judge Larry Miller, Berkeley County Circuit Judge Christopher Wilkes and Pleasants County Circuit Judge Tim Sweeney to form the panel. The hearing has been initially scheduled for Sept. 22-23.

The county commission filed the petition last week alleging Plants has committed malfeasance in office because he is currently unable to do the job he was elected to do.

Neither Plants nor his assistants can prosecute domestic violence-related cases because Plants faces two misdemeanor charges himself. He allegedly violated a domestic protective order filed his ex-wife and he was also charged with domestic battery after a belt he used while disciplining his son allegedly left a bruise.

The county commission said a special prosecutor handling the domestic violence cases has already cost more than $92,000.

Plants has said on numerous occasions he plans on fighting the attempt. He also wants to go to trial on the charges but a magistrate last week ruled he had to go through a previously agreed to pretrial diversion program. Plants’ attorney filed a motion Monday asking again that trials be scheduled.

Judges Miller and Wilkes are Republicans like Plants; Judge Sweeney is a Democrat.

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Comments

  • David Starcher

    This man is unfit to be a Father let along a Prosecutor of criminals for he is a criminal. Any man that would do such a harass punishment to a child needs the same done to him and I will gladly volunteer to provide the belt and do the deed. He is lower than scum on the bottom of a sewer.

    • steve

      Spare the rod and spoil the child? Then out of the other side of your mouth you spew that you would do the same to him. Two wrongs make a right? This situation is bad but your comment about being unfit is out of bounds.

      • David Starcher

        To spar the rod is an old saying but applicable, it never bothered my Mother or Father to spank my behind when I did wrong but she or he never left a 7" plus bruise on my leg. Plant's is a MAN who should never inflict such punishment upon a child. He is unfit to be a Father or Prosecutor, I do not know him or his ex-wife but the punishment he inflicted on his son is inexcusable. Instead of a belt as previously offered, let me use my putter.

  • Anthony

    When is the next election? Regardless of whether he wins this or not, this clown will never get re-elected and we can get on with real news. Never good to have a prosecutor that the police can't stand.

    • David Starcher

      For the first time in my life I agree with Carper; Plants must go.

  • Silas Lynch

    This is all as ridiculous as the indictments against Gov. Rick Perry

    • Aaron

      How so Silas? The man broke the law when he violated the DVP against him. Are you saying that because he's the DA, he should be allowed to do so?

  • Raging Moderate

    I assume the State constitution stipulates that the Supreme Court Chief Justice appoint a three judge panel to hear cases in this situation. Any insight into why Davis appointed these particular judges?

    • Brad

      Just a guess here but the Supreme Court regularly appoints Circuit Court judges for various tasks such as substituting for a Supreme Court justice who is recused from hearing a case. I would think they have a list for appointment rotations and these three are simply on the list.

    • thornton

      I believe the reason may be from their preference for galluses.