Michael P. Martin, attorney for the “governing body” of the Town of Durbin did, on December 9, 2020, file a resolution in the Circuit Court of Pocahontas County, seeking that Mayor Michael Vance be removed from office.
The resolution accuses Vance of “official misconduct” and engaging in “willful unlawful behavior by a public officer in the course of his or her performance” during his present term as mayor of Durbin.
The accusation stems from an incident that occurred at a town meeting on September 8, 2020.
According to the resolution, “specifically during a properly noticed and convened public meeting of the town government, (Vance) did commit upon Steve Diaz, an attendee at such meeting, an assault whereby Michael Vance did ‘unlawfully commit an act that placed another in reasonable apprehension of immediately receiving a violent injury’ in violation of West Virginia code.”
The resolution goes on to state, “The acts alleged above are in violation of West Virginia Code, and constitute ‘official misconduct’ as defined by West Virginia Code, and constitute grounds for removal of Michael Vance pursuant to West Virginia Code.”
The resolution concludes with, “Be it further resolved that upon the majority of the members of the Durbin Town Council, Michael Vance is hereby removed from the office of Mayor of the Town of Durbin.”
The resolution was voted on by the five-person Durbin Town Council. Councilperson Mark Smith, Councilperson Eugene Warner and Councilperson Kenneth Lehman all voted in favor of Vance’s removal. Councilperson Donald Peck voted against Vance’s removal, while Councilperson Thelma Smith abstained from voting.
Chief Judge of the Eleventh Judicial Circuit Court, the Honorable Robert E. Richardson, requested that the Chief Justice of the Supreme Court of Appeals impanel and convene a “three-judge court,” consisting of three West Virginia Circuit Court judges.
As stated in the administrative order, “The Chief Justice deems Judge Richardson’s request to be warranted.”
The Honorable Paul M. Blake, Jr. of the Twelfth Judicial Circuit, the Honorable Jack Alsop, Judge of the Fourteenth Judicial Circuit, and the Honorable H.L. Kirkpatrick, Judge of the Tenth Judicial Circuit have been appointed to the three-judge court, which will be headed by Blake.
The court will convene on Friday, April 9, at 1:15 p.m. via Microsoft Teams.
Attorney Paul S. Detch, of Lewisburg, is serving as counsel for Vance.
The West Virginia Daily News will provide updates regarding this situation as additional details are made available.
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