Judicial Hearing Board issues scheduling order in Fouty case

By Kyla Asbury | Jun 4, 2012


CHARLESTON – The Judicial Hearing Board has issued a scheduling order in the case pending against Kanawha Magistrate Carol Fouty.

The hearing will be open to the public and will be held at 10 a.m. Aug. 8 in Charleston. A location will be determined at a later date.

All discovery in the matter shall be completed on or before July 10, including but not limited to the service of any written discovery on or before July 8, according to the scheduling order.

Any request for a prehearing conference must be made and filed in the Supreme Court Clerk's Office on or before July 2.

"Any motion for continuance, discovery material, amendment to pleadings, stipulations of fact, or other document shall be filed with the Clerk of the Supreme Court of Appeals, and the Chairperson of the Judicial Hearing Board no later than fourteen days, other than in the case of emergency, prior to the date of the hearing," the scheduling order states.

The Supreme Court has not ruled on the issue of Fouty's suspension without pay, which is the sole issue in this case that the Court will hear on the Argument Docket on June 6. That is still scheduled.

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