MARTINSBURG, W.Va. — A Berkeley County magistrate has been suspended without pay following allegations she filed a false emergency incident.
Berkeley County Prosecutor Joe Kinser on Thursday confirmed to the MetroNews that Dorothy “Dottie” Yost, 48, of Bunker Hill had been been suspended without pay and prohibited from hearing any cases after she was accused of reporting a false emergency incident.
A criminal complaint obtained by MetroNews details the case. On March 6, Berkeley County Sheriff’s Lt. Boothby was contacted by Cpl. Butcher regarding “a Magistrate at the Berkeley County Judicial Center.”
Dorothy Yost had reported to Deputy Turner that she had been grabbed by an inmate, identified as Mark Travis Barrett, during an arraignment at the Eastern Regional Jail. She told the deputy the inmate had raised his fist in the air. According to the complaint, “she additionally told Deputy Turner that the CO told the inmate that he would be put to the ground if he kept it up.”
Lt. Boothby said he reviewed the video and the footage ‘did not match the statement given to Deputy Turner by Dorothy Yost. ‘
“Dorothy Yost’s statement also did not reflect the statement of any Correction Officer at ERJ during the arraignment of Mark Barrett. None of the Correctional Officers advised that there was a battery or circumstance involving Mark Barrett’s arraignment that would warrant a use of force or fear of physical safety.”
Boothby reported that the video evidence did not show any violence nor ‘impending acts of violence.’ He reported that in the video Dorothy Yost did not show any physical signs of fear towards Mark Barrett such as attempting to back away or asking for assistance from Correctional Officers who are within a couple feet of her.”
“Based on the statements obtained and the video footage reviewed, Dorothy Yost’s complaint of battery by Mark Barrett appears fabricated/false,” Lt. Boothby wrote.
Magistrate Court records show the case was filed March 12 and that Yost had been charged with on count of making a false report to an officer, a misdemeanor. Yost entered a ‘not guilty’ plea March 13 and was released after posting $1,500 bond.
The Judicial Disciplinary Counsel filed a complaint March 13 against Yost with the state Judicial Investigation Commission as well as its motion to suspend Yost without pay with the state Supreme Court.
The Supreme Court issued its order March 19 suspending Yost without pay and barring her from hearing any cases.
Metronews has learned that a special prosecutor has been requested as well as a magistrate from outside the county related to Yost’s case.
Meanwhile, a senior status judge has been assigned to handle cases in Yost’s absence to prevent an interruption in service.
Following is the March 19th Order from the West Virginia Supreme Court of Appeals:
On March 13, 2026, Judicial Disciplinary Counsel Teresa A. Tarr and Brian J. Lanham,
filed a motion to suspend the Respondent Dorothy “Dottie” Yost, Magistrate of Berkeley County,
without pay and a report under Rule 2.14(b) of the Rules of Judicial Disciplinary Procedure
asserting that the respondent has engaged in a serious misdemeanor violation of West Virginia law
and serious violations of the Code of Judicial Conduct. Judicial Disciplinary Counsel asks the Court
to find probable cause that the respondent has engaged in these violations and to suspend her
without pay during the pendency of her disciplinary proceedings.
Upon consideration and review, the Court finds probable cause exists and grants the
motion filed by Judicial Disciplinary Counsel.
It is ORDERED that the Respondent Dorothy “Dottie” Yost, Magistrate of Berkeley
County, is suspended without pay and prohibited from hearing any further civil or criminal matter
or performing any other judicial function during the pendency of her disciplinary proceedings.
Judicial Disciplinary Counsel is directed to file formal charges with the Clerk of this Court when
appropriate.
By this order, notice is provided to the respondent of her right to request a hearing on the
issue of her temporary suspension within 30 days of this order.
The Clerk of Court is directed to serve an attested copy of this order on Judicial
Disciplinary Counsel, B. Craig Manford, counsel for the respondent, and the Administrative
Director of the Courts.