CHARLESTON – The West Virginia Supreme Court of Appeals has issued an order stating that Troy Sexton cannot run for Putnam County magistrate.
The Supreme Court issued its order today after it reviewed the written arguments filed in the mater and carefully considered the oral arguments of the parties.
“The court is of the opinion, based upon the applicable legal authority, that the writ of mandamus prayed for by the petitioner should be, and it hereby is, granted,” the order states.
The court concluded that Sexton has been convicted of a misdemeanor involving moral turpitude and is, therefore, ineligible to serve as a magistrate for Putnam County.
“In light of Mr. Sexton’s ineligibility to serve as magistrate for Putnam County, his name shall be removed from the May 2016 election ballot,” the order states.
On March 7, the Judicial Investigation Commission presented to the court a petition praying for a writ of mandamus to be directed against Sexton and the Putnam County Board of Ballot Commissioners and, in the interest of resolving the matter in an expedited manner, on March 9, the court issued a rule to show cause returnable at 10 a.m. on March 15.
The March 9 order directed the respondents to file a response before noon on March 14 and Sexton filed his summary response on that day.
Supreme Court Chief Justice Menis Ketchum appointed Nicholas Circuit Judge Gary Johnson to fill in for Justice Brent Benjamin to hear arguments over Sexton running for magistrate.
Last week, the Judicial Investigation Commission said Sexton should be removed from the ballot because he has been convicted of several misdemeanors, including the charges involving moral turpitude.
Sexton is one of three running for one of the magistrate positions in Putnam. He has previously said he should remain on the ballot.
The JIC filing said Sexton pleaded guilty to making harassing phone calls to a woman in 2010, and falsely reporting an emergency incident and driving under the influence in 2014.
He pleaded no contest to misdemeanor domestic battery charges in 2009.
