Published: April 07, 2006 09:10 pm      

Family court judge resigns

PRINCETON — Kimber McMillion, the family court judge serving Mercer and McDowell counties, submitted her resignation Friday to the state Supreme Court.

McMillion, who was suspended without pay by the high court earlier this week, submitted a letter of resignation, Steve Canterbury, administrative director of the state Supreme Court, said.

“She resigned,” Canterbury said. “The letter says it was effective April 5.”

The order filed by the high court earlier this week alleged a violation of the Code of Judicial Conduct. Canterbury said Gov. Joe Manchin will now appoint a new family court judge to serve Mercer and McDowell counties.

In her letter of resignation, McMillion said she was, “...deeply grateful for the opportunity to have served the fine citizens of these two counties.” The letter further reads, “At this time, I believe it is unfair for me to continue in a role that I’m unable to properly fulfill, and my resignation will make it possible for a qualified individual to be appointed, who will be able to fulfill the duties of the office.”

Although charges in the case were to be referred next week to the judicial hearing board, McMillion’s resignation could now make the matter moot, Canterberry said. However, the issue will still be forwarded to the disciplinary council, which could decide whether to act on the matter, or render it moot, as early as next week.

“The issue is she resigned,” Canterberry said. “Whatever reasons she has are personal, and if she wants to express them this way that’s fine.”

Canterberry said state code doesn’t indicate a time frame for the appointment of a replacement judge. Canterbury said alternate judges will still be used to handle cases in both counties until a new family court judge is appointed by the governor.

“The next step is this letter and the information will go to the council of the governor, and then the governor will make an appointment,” Canterberry said. “He will undoubtedly have several people seeking it (the post).”

McMillion was elected to the post in 2002. Canterbury said the order by the high court marked the first such suspension of any family court judge since the creation of the post.

– Contact Charles Owens at cowens@bdtonline.com