WCHS Eyewitness News Home Charleston Eyewitness Newsroom Charleston Storm Team Weather Sports News TV Program Schedule Community Mobile: Smartphone,Tablet and SMS text Get Connected SMS Text Facebook Twitter See-It,Shoot-It RSS News Feed Email List Tumblr

Plants Says He Won't Resign After ODC Recommends His Immediate Suspension

Reported: Apr. 14, 2014 6:06 PM EDT
Updated: Apr. 14, 2014 6:38 PM EDT

News Image

CHARLESTON, W.Va. (Leslie Rubin) -- Embattled Kanawha County Prosecuting Attorney Mark Plants does not have plans to resign after the office that oversees lawyers recommended to the West Virginia Supreme Court that he should be immediately suspended, and/or his entire office be removed from prosecuting certain domestic violence cases.

The City of Charleston is also asking that Plants and his office be removed from prosecuting domestic violence cases involving parents and their minor children.

The Office of Lawyer Disciplinary Counsel said in a filing on Friday that Plants created a "conflict of interest" after his lawyer filed a motion to have the domestic battery charge dismissed saying that Plants was acting within a "constitutionally protected right to control the child."

Plants said in a news conference on Monday that he did not believe there was a conflict of interest.

"People are asking for my job, people are asking for my resignation because I spanked my child. If spanking was a crime, 75% of Kanawha County would be in jail," he said. Plants has continued to say he has done nothing criminally wrong.

"The allegation is that there's a conflict of interest that I can't prosecute cases that involve parents of domestic violence against their minor children, I totally disagree with it. The law is what it is. I didn't write it. I just follow it. The law clearly says that corporal punishment is lawful if it's reasonable," Plants said.

Kanawha County Commission President Kent Carper said two circuit court cases involving domestic charges were continued on Monday for six weeks as questions linger if the prosecutor's office can handle those types of cases.

"That alone is a great cause for concern," Carper said.

On Monday, the city of Charleston also filed it's own motion to mirror the ODC filing. They are asking that Plants and his entire office be removed from similar cases investigated by Charleston Police.

"We feel it's a very prudent decision. We do have a lot of concern, and we're uncomfortable," said Charleston Police Chief Brent Webster.

Mayor Jones says the legal action taken by the city may be premature. He also says they will agree to go along with whatever decision a judge deems fit.

"With the Office of Disciplinary Counsel out there making this kind of ruling, we want to make sure we're on solid legal ground," Jones said.

"This thing is now beginning to spiral out of control," Carper said.

When Carper was asked if he believed it was time for Plants to resign he responded, "I think it's time for us to see exactly what the court does with this. They're going to dispose of this matter, and they're going to dispose of it, I believe, I don't have any inside information, but I believe sooner than later."

During the news conference, Plants touted his achievements as prosecutor over the last six years and says the murder rate is down 75% since he took office. He says he's saved taxpayers money, and indicted and convicted more criminals than anyone in the history of West Virginia.

"Am I father who spanks his children? Yes," he said. "You look at my results as Kanawha County prosecutor and you decide for yourself if I deserve this job or not."

The Supreme Court has not issued a response as of Monday evening.

Autopsy Backlog Affecting Police Work
Jul. 24, 2014 11:37 PM EDT
A backlog of autopsy reports at the State Medical Examiner's ...
Full News Story and Video

Huntington Council Votes To Hire New Police Officers
Jul. 24, 2014 11:28 PM EDT
Major changes could be coming to the Huntington Police ...
Full News Story and Video

Library Levy Headed Back To Ballot
Jul. 24, 2014 11:22 PM EDT
The Kanawha County Public Library levy will get another ...
Full News Story and Video

News Kanawha Commission Files Petition To Remove Plants From Office
Jul. 24, 2014 11:18 PM EDT
News St. Albans Team Heading To Regionals
Jul. 24, 2014 10:54 PM EDT
News Vigil Held For Gaza Peace; Group Opposes Israeli Policy
Jul. 24, 2014 11:17 PM EDT
News Picnic With The Saints Set For This Weekend At The Greenbrier
Jul. 24, 2014 11:34 PM EDT
News Man Who Shot At Police Sentenced To 35 Years
Jul. 24, 2014 6:30 PM EDT
News Man Arrested For Indecent Exposure Has Ties To Local Youth Sports
Jul. 24, 2014 8:35 PM EDT
News Unhappy "Dirty Girls" File Reports With Wisconsin Better Business Bureau
Jul. 24, 2014 8:46 PM EDT
News Three Face Charges After Woman Claims She Was Robbed With Sawed-Off Shotgun
Jul. 24, 2014 6:32 PM EDT
News Woman Charged With Robbery Headed To Grand Jury
Jul. 24, 2014 8:52 PM EDT
News Kenova Police Implement Drug Task Force
Jul. 24, 2014 8:57 PM EDT
News UAW Backs Grimes In Ky. U.S. Senate Race
Jul. 24, 2014 4:56 PM EDT
News Blenko To Host Festival Of Glass Aug. 1-2
Jul. 24, 2014 4:44 PM EDT
News Salvation Army Hosts Luncheon For Volunteers
Jul. 24, 2014 4:28 PM EDT
News One Worker Killed, Two Injured In Suburban Philadelphia Hospital Shooting
Jul. 24, 2014 5:14 PM EDT
News Walkers Welcome At Charleston Distance Run
Jul. 24, 2014 4:02 PM EDT
News WV Hot Dog Festival Celebrates 10th Anniversary
Jul. 24, 2014 4:09 PM EDT
News Casey, Mooney Talk Business Policy At Forum
Jul. 24, 2014 7:04 PM EDT
News Suspect In West Side Murder Waives Preliminary Hearing
Jul. 24, 2014 6:50 PM EDT
News U.S. Issues 186 Mining Citations In June
Jul. 24, 2014 3:13 PM EDT
News Deputies Say Juvenile B&E Suspects Arrested Clad In Their Underwear
Jul. 24, 2014 3:30 PM EDT
News Wisconsin Better Business Bureau Issues Warning About Dirty Girl Run
Jul. 24, 2014 3:07 PM EDT
News Free Basketball Camp Concludes At Community Center
Jul. 24, 2014 1:53 PM EDT
News WV Capitol Police Officer Kills Copperhead On Capitol Grounds
Jul. 24, 2014 6:35 PM EDT
News MU To Paint The Capital City Green
Jul. 24, 2014 12:32 PM EDT
News New Work Requirement Coming For Healthy People Who Receive Food Stamps
Jul. 24, 2014 1:02 PM EDT
News WV Organizations To Push For Anti-Cancer Vaccines
Jul. 24, 2014 10:49 AM EDT
News Huntington Unveils New Engaging Website For Citizens
Jul. 24, 2014 6:36 PM EDT
News Ukrainian Prime Minister Resigns
Jul. 24, 2014 11:54 AM EDT
News France's Foreign Minister Says Missing Air Algerie Flight "Probably Crashed"
Jul. 24, 2014 11:02 AM EDT
News More Than 8,000 WV Consumers Receiving Refunds
Jul. 24, 2014 10:46 AM EDT

Advertise on WCHS-TV Online

West Virginia News
US issues 186 mining citations in June

The Mine Safety and Health Administration says inspectors issued 186 citations at 13 U.S. mining operations in June.
Full Story

Kentucky News
Guilty pleas entered in cockfighting operation

An eastern Kentucky father and son have pleaded guilty to participating in an enterprise that authorities believe was one of the largest cockfighting pits in the country.
Full Story

Ohio News
More tests planned after Ohio concertgoer's death

A coroner's office say further tests and investigation are needed to determine what caused the death of an Ohio concertgoer found at a Lorain County landfill.
Full Story

Fugitive Files Tuesdays at 6 PM on Eyewitness News

West Virginia Wildlife Wednesdays at 6 PM on Eyewitness News

ABC News web site

Send Mail Send email to news@wchstv.com for information or comments concerning WCHS-TV Eyewitness News.
Copyright ©2014, WCHS-TV8. Portions are Copyright 2014 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or distributed.

WCHS ABC 8 provides local news, weather forecasts, traffic updates, notices of events and items of interest in the community, sports and entertainment programming for Charleston and nearby towns and communities in the Tri-State area, including Huntington, Dunbar, Marmet, Montgomery, Nitro, South Charleston, St. Albans, Cedar Grove, Chesapeake, Clendenin, East Bank, Glasgow, Pratt, Cross Lanes, Elkview, Pinch, Sissonville, Big Chimney, Cabin Creek, Chelyan, Davis Creek, Institute, Jefferson, Loudendale, Mink Shoals, Pocatalico, Quick, Quincy, Rand, Buffalo, Eleanor, Hurricane, Nitro, Poca, Winfield, Culloden, Fraziers Bottom, Hometown, Red House, Scott Depot, Teays Valley, Danville, Madison, Hamlin, Logan, Chapmanville, Man, Delbarton, Kermit, Gilbert, Matewan, Williamson, Summersville, Richwood, Flatwoods, Gassaway, Sutton, Spencer, Ravenswood, Ripley, Mason, Point Pleasant, Ashland, Pikeville, Ironton, Portsmouth, Gallipolis, and Athens.