CHARLESTON – Kanawha County Magistrate Ward Harshbarger III, who already has announced his resignation, has been publicly admonished by the state Judicial Investigation Commission for harassing police officers in court.
The admonishment, which was sent to Harshbarger on December 15, notes the longtime magistrate’s resignation is effective at 5 p.m. December 16. It also says he has agreed to never seek judicial office in the state by election or appointment again.
Harshbarger, who previously had been disciplined four times, first served as magistrate from January 1981 to December 2016. He lost the 2016 election, but he was elected again in 2020.
Harshbarger
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According to the admonishment, the state Judiciary Disciplinary Counsel began investigating Harshbarger again on November 17 when Montgomery Police Chief Paris Workman, a former magistrate, filed a complaint alleging Harshbarger berated an officer who had transported a defendant to magistrate court.
“The officer arrived at 11:53 p.m.,” the filing states. “Respondent, who was on duty, allegedly complained about the officer arriving so close to the midnight closing time. The officer alleged that respondent ‘verbally reprimanded me in an unprofessional way in front of other officers and court staff.’ The officer stated that respondent also threw a Styrofoam cup at him.”
Then, on October 6, an officer transported a defendant to magistrate court on an out-of-county warrant. The officer says Harshbarger complained about having to arraign a defendant on an out-of-county warrant and told the officer he was “wasting my time.”
On October 15, two officers brought an arrestee to Harshbarger in an arraignment room full of people. They say Harshbarger called them idiots and said Montgomery Police Department officers didn’t know how to do their jobs.
On November 17, the JDC sent Harshbarger the complaint filed by Workman and asked for a reply to the allegations. On November 30, Harshbarger’s attorney called the JDC and said Harshbarger did not want to contest the allegations.
The JDC, Harshbarger and his attorneys negotiated the disposition, including his resignation and admonishment, which was signed December 1. It also says formal discipline wasn’t necessary because of his pending resignation.
“Respondent then submitted his resignation letter, which contained a disingenuous reason for his leaving the bench, to the Chief Circuit Judge of Kanawha County,” the admonishment states without further explaining the reason he cited.
With a 7-0 vote, the JIC found probable cause Harshbarger had violated several rules of judicial conduct, including compliance with the law, confidence in the judiciary, bias, prejudice, harassment, decorum, demeanor and communication with jurors.
“Respondent’s conduct toward the Montgomery Police Officers was discourteous, disrespectful and indecorous,” the JIC states. “As a magistrate with almost 37 years’ experience, respondent knew better than to hurt insults and a cup at the officers. To his credit, respondent admitted his conduct and accepted responsibility.
“To his detriment, this is now the fifth time he has been disciplined, and he lacked candor in his resignation letter to the Chief Circuit Judge. …
“By denigrating officers of the Montgomery Police Department, by complaining about his primary responsibilities associated with the position and by casting doubt on the true reason for his resignation, respondent has consigned himself to his fate and can no longer call himself a judge.”
The previous disciplinary actions against Harshbarger included a public censure from the state Supreme Court in 1984 for neglect of duty after he left the bench on a night court shift to go home for lunch and didn’t return.
In 1994, the Supreme Court publicly admonished him after he entered a Dunbar polling place – for two precincts in which he didn’t live – while polls still were open and asked how many people had turned out to vote.
In 2014, he was publicly censured and fined again for the way he handled a domestic violence petition from the former wife of then-Kanawha County Prosecutor Mark Plants.
And in 2015, the JIC publicly admonished him for communication with both parties in a civil lawsuit at separate times and failure to timely enter a judgment in the matter.
Judicial Investigation Commission complaint 129-2022
