CHARLESTON, WV (WOWK)—The Kanawha County Prosecuting Attorney’s Office was disqualified from any potential charges that may result from the investigation into County Commission President Kent Carper.

According to court records, Judge Tera L. Salango ordered that the Office of the Prosecuting Attorney of Kanawha County be disqualified from further proceedings. The court will also ask the West Virginia Prosecuting Attorneys Institute to appoint a special prosecutor.

In a motion, Prosecuting Attorney Charles Miller said that he believes that there is “at least the appearance of impropriety” if his office were to handle the case.

The investigation into Carper is being conducted by the Charleston Police Department and began on May 15 when a woman called Metro 911 to report a man engaged in lewd behavior at Daniel Boone Park. An officer was dispatched to the scene and interviewed Carper who was in the park at the time.

The following day, Carper was admitted to a local hospital for heart problems and underwent open heart surgery on May 18.

Due to his hospitalization, Carper has not been available for comment. However, his daughter blamed the incident on his medical condition saying, “My father’s illness and his apparent confusion have been misinterpreted as being something inappropriate. My family and I regret this awful misunderstanding.”