CHARLESTON, W.Va. — The state Supreme Court will decide if Pleasants County Circuit Judge Tim Sweeney went too far in comments he made from the bench and to the media in February 2025 about CPS vacancies.
The disciplinary case against Sweeney was before the High Court for oral arguments Wednesday. The state Judicial Investigation Commission wants the High Court to uphold its public admonishment of what Sweeney did.
Sweeney ordered state officials to serve as CPS workers due to severe understaffing in child protective services. Judicial Investigation Commission attorney Teresa Tarr told the Supreme Court Wednesday those comments went too far.
“What he did was say, ‘Okay, you have to come to my circuit and you have to serve as local DHHR workers for the day’ without giving the opportunity (to appear before him) and say anything,” Tarr said.
Sweeney’s attorney J.H. Mahaney said Sweeney was simply reacting to a plea from a person before him in a child abuse and neglect case who said they needed more help.
“Sometimes when judges have to make difficult decisions on the bench the ends do justify the means,” Mahaney told justices Wednesday. “Sometimes when it comes to the welfare and safety of children the ends really matters, not the only thing but the primary thing.”
Sweeney appeared on MetroNews “Talkline” on Feb. 6, 2025 and emphasized the need for immediate action to protect abused and neglected children.
“What’s happening is the people that are there are definitely being overworked,” Sweeney said. “We’ve got managers doing CPS boots on the ground, investigations and removals, just in order to protect these children.”
Tarr said Wednesday that appearance was also a violation of the ethics code.
“He went to the news media and talked to the news media to strong-arm them (state CPS officials) into doing what he wanted and he put himself in the stead of a party to the proceeding,” Tarr said.
Mahaney argued Sweeney’s advocacy for abused and neglected children shouldn’t be condemned.
“Those decisions deserve the unqualified respect and support of this court even if it disagrees with the decision or the means to get there and a judge should never be punished for having the courage to make that decision,” Mahaney argued.
Mahaney added what Sweeney did worked. He said state DoHS Secretary Alex Mayer came to Pleasants County to meet with the judge and CPS workers were added to the area.
The JIC also wants the Court to admonish Sweeney for Facebook posts on several separate issues including a fundraising event for a sick deputy.
“These were not just informational posts, they were posts that clearly the public could deem were solicitation posts,” Tarr said.
The High Court will make a decision at a later date.