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McCarthy chosen as interim Cabell magistrate

August 10, 2018

HUNTINGTON — A Cabell County magistrate position opened earlier this year will be placed on the ballot in November, but until then the position will be temporarily filled by Mike McCarthy, who was selected from a candidate pool by a circuit court judge Wednesday.

The announcement came about a month after longtime Cabell County Magistrate Darrell Black, 76, announced his resignation and retirement, citing health concerns and a wish to spend more time with family. At the time, he had been the longest tenured among the magistrates.

McCarthy was appointed to the position by Chief Circuit Court Judge of Cabell County Gregory Howard on Wednesday.

He is a former West Virginia state trooper who served in the position more than 30 years. The Marshall University graduate spent many of those years within the Executive Protection Division serving Govs. Arch Moore, Gaston Caperton, Cecil Underwood, Bob Wise and Joe Manchin.

He will remain in the position at least until the general election in November.

According to a legal notice signed by Howard, when a magistrate vacancy is created with more than two years left on the term, the position must be filled by way of a nonpartisan election. West Virginia judicial races became nonpartisan in 2016.

Potential candidates interested in running for the position can file until Aug. 21, 2018, at the Cabell County Clerk’s Office between 8:30 a.m. and 4:30 p.m. at the courthouse. The candidate must also pay a $575 filing fee to be placed on the ballot.

The position will be up for re-election in 2020.

Magistrates use their training and judgment to oversee the application and enforcement of state laws, municipal laws and court procedures. They have jurisdiction over civil cases in which the financial amount in dispute is less than $5,000, and hear misdemeanor cases and conduct preliminary examinations in felony cases.

In criminal cases, they issue and record affidavits, complaints, arrest warrants and search warrants, as well as set bail and make decisions conments, the collection of courtcerning proposed plea agree costs, cash bonds and fines. Magistrates also issue emergency protective orders in cases involving domestic violence.

The position pays $57,500 annually, according to West Virginia State Code.

As of Thursday, Dale Burns was the lone candidate to file in the race.

Follow reporter Courtney Hessler at Facebook.com/CHesslerHD and via Twitter @HesslerHD.

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