Five days after the state Judicial Hearing Board reviewed an agreement of a former Kanawha County magistrate, the board issued an order recommending the Kanawha County prosecutor conduct an investigation into the way bail bonds were obtained and approved.
The board also recommended the state's highest court to publicly censure former Kanawha County Magistrate Carol Fouty.
In addition, Fouty also must pay $6,387.89 at a rate of $100 per month, according to the board's recommendations.
Fouty, who is accused of dismissing tickets in exchange for favors, sent her resignation letter Aug. 2 citing ongoing health problems and a desire to spend time with her family as reasons for her resignation.
"I have been employed as a magistrate for the past 26 years and have worked continuously for and in the best interest of the people of this county," read Fouty's resignation letter.
Her assistant, Kristen Vieweg, was sworn in earlier this month to replace her. Vieweg told reporters in an Aug. 6 ceremony that she would not be on the ballot in November.
The order noted Fouty's absence from the hearing, saying neither she nor her counsel offered "any explanation for her failure to appear."
"(Fouty) did not testify in support of the stipulations nor did she offer any sworn testimony or affidavit expressing any contrition, remorse or personal acceptance of responsibility for her now admitted violations of the code of judicial conduct," the order states.
Although Fouty has agreed to either remove her name from November's ballot or have votes for her not counted, she is not prohibited from running for magistrate in the future, the order notes.
Before the hearing, five counts against Fouty were dismissed. The order states Fouty dismissed a citation without a prosecutor's input and hired a "criminal defendant" to do work around the house.
The order also states Fouty intervened in proceedings requesting the defendant receive a personal recognizance bond.
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