WILLIAMSON — Mingo County circuit court chief Judge Michael Thornsbury’s wish to be recused from any case involving the H. Truman Chafin Law Firm has been realized by the high court.

The West Virginia Supreme Court of Appeals referred to a letter written in 2004 by Judge Thornsbury led in part to his recusal from the case 263 Towing, Inc, vs. Sheriff Lonnie Hannah, the Mingo County. Commission and the office of emergency services of Mingo County.

The West Virginia Supreme Court of Appeals said in its decision, “Upon review of the motion of recusal and Judge Thornsbury’s previous long-standing history of persistently and repeatedly voluntarily recusing himself from hearing cases in which the H. Truman Chafin Law Firm was counsel of record.”

Judge Thornsbury stated in the letter he wished to be recused in all present and future matters involving Chafin.

The following two paragraphs were included in the order handed down by the high court:

“Prior to and since the voluntary recusal in May 2003, Mr. Chafin and his associates and agents have continued to engage in a pattern of judicial harassment toward me as well as acts toward members of my family and friends.

Further, in my correspondence of May 2003, I also referred to other serious matters involving and related to Mr. Chafin, which I deemed at that time and still deem inappropriate to disclose for the purpose of responding to the motion. Therefore, based upon the continued pattern of judicial harassment and based upon other matters adverse to Mr. Chafin which would be inappropriate to disclose, and as I have indicated previously, I wish to voluntarily recuse myself in all present and future matters involving Mr. Chafin as well as his wife and his law.”

Chief Justice Elliot Maynard stated in the order, “pursuant to Judge Thornsbury’s March 18, 2004 letter and the other matters appearing herein, that Judge Thornsbury should step aside from all present and future cases in which H. Truman Chafin Law Firm is counsel of record.

The Honorable Jay M. Hoke has been temporarily assigned to the Thirteenth Judicial Circuit and will preside over the case involving Hannah and the corporation.

Last March the West Virginia Supreme Court of Appeals ruled that a sheriff is not absolutely required to sign checks against the county treasury upon receipt of a pay order from the county commission.

263 Towing, Inc. and Marcum Trucking filed suit against the sheriff when he refused to sign checks for payment of invoices for services both companies say they preformed after the 2004 flood.

Hannah rejected payment as the county treasurer officer because he believed the invoices were excessive in amounts and he alleges they overstated the amount of work they actually reported.

The circuit court said it was Hannah’s responsibility to release payment and ordered him to sign the checks. The court further ordered him to pay prejudgment interest and attorneys’ fees.

Hannah followed the orders and signed the checks but did not pay the amounts awarded to the businesses for prejudgment interest and attorney fees. He then petitioned for appeal in the high court.

The West Virginia Sheriffs’ Association filed an Amicus brief supporting Hannah. The association asked the high court to overturn the attorney fees and prejudgment interest sanctions imposed against Hannah. It further asked the court to define a clear rule for resolving these types of issues. In the spring of 2008, the West Virginia Supreme Court of Appeals agreed with the sheriffs’ association. The court decided the sheriff could use his/her discretion when he/she believes invoices submitted are not legitimate.

Letitia Neese Chafin, wife of Senate Majority Leader H. Truman Chafin, represents Hannah.