by Kate Shunney
In an order filed in the Supreme Court of Appeals of West Virginia at 4:52 p.m. on Wednesday, June 17, the court has temporarily suspended Morgan County Magistrate Vince Shambaugh from his duties on the bench with pay. Supreme Court of Appeals order
According to the court document, provided to The Morgan Messenger in response to a request for information, the Judicial Disciplinary Counsel Teresa Tarr and Brian Lanham filed a report on June 15 asserting that Shambaugh, “has engaged in violations of the Code of Judicial Conduct. On the same day, Judicial Disciplinary Counsel filed a motion to suspend without pay, to expedite consideration of the matter, and to place the motion under seal, together with a separate motion to seal the Rule 2.14(b) report.”
That means that the details of the allegations against Shambaugh about his conduct as Magistrate will not be made public at this time, and will remain confidential by the Clerk of the Court until the Supreme Court orders otherwise.
The Supreme Court of Appeals did not grant the suspension without pay. Instead, Shambaugh will be suspended temporarily and will receive his pay as Magistrate until the disciplinary action is resolved.
According to the order, Justice Flanigan departed from the majority of the court and would have imposed temporary suspension without pay.
“Pending resolution of that disciplinary action, the respondent is prohibited from hearing any further civil or criminal matters or performing any other judicial functions,” the court order says.
Shambaugh has the right to request a hearing on the matter of his temporary suspension within 30 days of the court order.
Vince Shambaugh in May won election to his first full term as Morgan County Magistrate over challenger Michael Sullivan. He is one of two Magistrates who serve Morgan County’s lower court.
Shambaugh, a former two-term Sheriff of Morgan County, was appointed to the court in 2024. He was placed in the position when another former sheriff, K.C. Bohrer, said he could not take office as Magistrate because of a conflict with his law enforcement associations and activities.
West Virginia’s Code of Judicial Conduct can be read here: https://www.courtswv.gov/legal-community/court-rules/code-of-judicial-conduct
It includes four main principles:
— Canon 1: A Judge Shall Uphold And Promote The Independence, Integrity, And Impartiality Of The Judiciary, And Shall Avoid Impropriety And The Appearance Of Impropriety.
— Canon 2: A Judge Shall Perform The Duties Of Judicial Office Impartially, Competently, And Diligently.
— Canon 3: A Judge Shall Conduct The Judge’s Personal And Extrajudicial Activities To Minimize The Risk Of Conflict With The Obligations Of Judicial Office.
— Canon 4: A Judge Or Candidate For Judicial Office Shall Not Engage In Political Or Campaign Activity That Is Inconsistent With The Independence, Integrity, Or Impartiality Of The Judiciary.
