Former city attorney files motion to disqualify judge in lawsuit

By Kyla Asbury | Feb 4, 2013

CHARLESTON – Nitro’s former city attorney, Richie Robb, has filed a motion for disqualification against Kanawha Circuit Judge Charles E. King in a lawsuit filed against the City of Nitro and two city officials regarding public records.

Robb filed the motion for disqualification on Dec. 18, claiming Fire Marshal/Code Official Ron King, Mayor David A. Casebolt and the City of Nitro have been treated differently with respect to filing, scheduling and hearing of the parties’ respective dispositive motions in the case.

The lawsuit involves Richard A. Nease and Lorinda J. Nease, who own an auto body repair shop in Nitro.

The Neases claim they made a request through counsel directly to Ron King for public records, according to a complaint filed Aug. 24 in Kanawha Circuit Court, but they never received the records, despite multiple attempts.

Robb says he is involved as a plaintiff in a case that is pending appeal to the West Virginia Supreme Court against the West Virginia Consolidated Public Retirement Board that says Charles King and Judge Alfred Ferguson are improperly drawing a pension in addition to their salaries.

On Jan. 22, Robb filed a motion for continuance of disqualification proceedings, claiming that, the pending motion was related to him in his capacity as counsel for the defendants and, as he was being replaced as city attorney, the status of his counsel in the case had yet to be determined.

The Neases are being represented by James A. Dodrill. Robb is also the former mayor of South Charleston.

Kanawha Circuit Court case number: 12-C-1716

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