Charleston , Kanawha County , West Virginia

Kanawha County Magistrate Carol Fouty was expected to appear before the judicial hearing board Wednesday to face numerous ethics allegations, but a proposed deal was reached before the hearing got under way.

Both sides came to an agreement, but the hearing board and then the Supreme Court must still both accept the deal. If it is rejected, the hearing against Fouty will go on as planned.

In the deal, four of the ethics violations would be dropped, and Fouty, who was not at the hearing, would admit to one. That latter violation was for allegedly dismissing a drug citation for a woman who later became her maid and for allegedly trying to help her maid get a lower bond after a DUI arrest. The woman was driving Fouty's car, and police said she was under the influence of drugs.

In exchange, Fouty agreed to resign from her position, which she did on Friday. She has held the post for 26 years. Fouty also agreed not to run in the November election and to pay more than $6,300 in fines. The Judicial Investigation Commission said it is a fair deal because it is basically the maximum penalty the commission could have asked for, which is a one-year suspension for each of the five counts.

The chairman of the hearing board expressed concern because Fouty cited health reasons in her letter of resignation. Her attorney said the case has taken a toll on the 75-year-old Fouty's health, and she could not sit through a multi-day hearing.

Supreme Court Administrator Steve Canterbury, who filed the formal complaint against Fouty, said he thinks the deal is fair. Considering the fast action by the court, he said, it should restore faith in the judiciary.

The proposed deal would not ban Fouty from seeking election four years from now, when she will be nearly 80. She also would be allowed to keep her pension. The counsel for the investigation commission said those are things the commission could not have taken away, even if the hearing board had ruled against Fouty on all of the alleged ethics violations.

The hearing board is expected to accept or reject the deal within the next day or so.

How To Contact WCHS-TV8 | Privacy Policy | FCC Public File | Terms and Conditions | DMCA Policy | Frequently Asked Questions

Home | Eyewitness News Newsroom | Storm Team Weather | Eyewitness Sports | Schedules

---

Send email to news@wchstv.com for information or comments concerning WCHS-TV Eyewitness News.

Copyright ©2013, WCHS-TV8. Portions are
Copyright 2013 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or distributed.