In re Honorable David E. Ferguson (Signed Opinion)
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The Supreme Court concluded that Respondent, David E. Ferguson, Magistrate of Wayne County, violated several provisions of the West Virginia Code of Judicial Conduct and that a harsher sanction than that recommended by the West Virginia Judicial Hearing Board was appropriate.
This case stemmed from Respondent's violation of a state fishing law and the coercive and belligerent behavior that Respondent exhibited when he was issued a citation. The Board concluded that Respondent violated several provisions of the Code of Judicial Conduct and recommended that Respondent be suspended for thirty days without pay. The Supreme Court adopted the Board's conclusions of law regarding Respondent's rule violations with the modification of concluding that Respondent committed an additional violation of the Code of Judicial Conduct. The Court further found that a harsher sanction than that recommended by the Board was warrant due to Respondent's flagrant attempt to intimidate law enforcement officers. The Court suspended Respondent for ninety days without pay, reprimanded him, and ordered him to pay a total fine of $2,000 and the costs of this disciplinary proceeding.
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