Special judge appointed in Dues case; appointments loom in two others

By Lawrence Smith | Jan 4, 2008

CHARLESTON – No sooner has a special judge been appointed in one civil case involving two Kanawha judicial officers than two new ones have been filed against them.

On December 10, state Supreme Court Chief Justice Robin Jean Davis appointed James O. Holliday, a senior status Putnam Circuit judge, to preside in the case of Nicholas Loan and Mortgage v. Theodore R. Dues, Jr. and Mona Dues. Davis' appointment came at the request of Kanawha Circuit Court Administrator Steven C. Hanley after all seven Kanawha circuit judges recused themselves from the case citing either a personal or professional friendship with the Dues.

Currently, Ted works as a mental hygiene commissioner, and Mona as a juvenile referee. In its complaint and suit filed Jan. 17, Nicholas alleged the Dues committed fraud when they refinanced a 1989 Mercedes-Benz 420 SEL, and a 2001 Infiniti QXB in 2004.

Specifically, Nicholas alleges the Dues converted for their personal use, an insurance check meant to pay for bodywork on the Infiniti, and lost possession of the Mercedes. The Dues, who are representing themselves pro se, have denied the allegations.

Later in the month on Dec. 26, two new lawsuits were filed against the Dues. Both of the suits appear to be the result of unpaid credit card bills.

According to court records, Capital One Bank, of Syosset, N.Y., filed companion suits against the Dues for a combined $ 3,648.31.

The first suit, in which Mona is listed as the lead defendant, alleges an arrearage of $ 1,362.99 with the second suit alleging Ted, listed as the lead defendant, owing $2,285.32.

In the first suit, Capital One alleges unpaid credit charges extending back to Feb. 23, 2004, with the second suit alleging the arrearage started on Nov. 11, 2003. In both suits, court records show the applicable interest rate on the charges as 9.75 percent.

Both suits were filed with the assistance of Bradley Gregory, Andrea K. Reynolds and Steven B. Mulrooney, with the Louisville, Ky., law firm of Mapother and Mapother. They have been assigned to judges James C. Stucky and Jennifer Bailey Walker, respectively.

Kanawha Circuit Court, Case Nos. 07-C-118 (Nicholas), 07-C-2741 (Capital One-Mona) and 07-C-2744 (Capital One-Ted

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