- Associated Press - Sunday, February 1, 2015

FAIRMONT, W.Va. (AP) - The West Virginia Judicial Investigation Commission has publicly admonished a Marion County family court judge, saying she pursued her own agenda when she sought enforcement of a protective order against her ex-husband’s girlfriend.

The commission found probable cause that Family Court Judge Amy Swisher violated canons of the Code of Judicial Conduct, The Times West Virginian (https://bit.ly/1EylCcD ) reported.

“I have had a very contentious divorce,” Swisher told the newspaper. “I am a human being just like anybody else, and while I do not agree with everything, I have chosen to put that behind me and I am not going to allow anything to interfere with the work of this court.”

In its report, the commission said Swisher obtained a temporary personal safety order against the other woman, who was identified only as the “complainant,” in February 2014. Monongalia County Magistrate Darris Summers granted a final order on March 18, 2014, but the expiration date was the same as the day it was issued.

Summers presided over the matter because all of the Marion County magistrates were disqualified.



Fairmont police arrested the woman on April 3, 2014, a day after she went to the Marion County Courthouse with Swisher’s ex-husband to drop off a payment to the judge. In seeking enforcement of the order, Swisher did not tell police, magistrates or the prosecutor that the woman was allowed to be at the courthouse to conduct business if she made every effort to avoid the judge, the commission said.

“In her zeal to have the complainant charged with a violation of the personal safety order, (Swisher) exhibited an extreme lack of candor to the magistrates, the prosecutor and law enforcement by not informing them of the parameters with which the complainant could come to the courthouse,” the commission’s report stated.

Police, magistrates and the prosecutor also did not know that the protective order was no longer valid because of its expiration date.

Swisher “was clearly serving her own agenda (and) by doing so, she prevented others from making a fully informed and fair decision,” the commission said in its report.

Summers dismissed the charge of violating the order against the woman on July 30, 2014.

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Information from: Times West Virginian, https://www.timeswv.com

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