Thorton v. Ward

The Supreme Court reversed the order of the circuit court reversing the order of the Executive Director of the Governor's Committee on Crime, Delinquency, and Corrections (Petitioner) decertifying Respondent as a law enforcement officer in the State of West Virginia, holding that the circuit court applied the incorrect statutory provisions to this matter and the proceedings below.On appeal, Petitioner argued that the circuit court applied the incorrect statutes to define the scope of the Law Enforcement Professional Standards Subcommittee's authority and incorrectly applied the due process protections in employment disputes to a proceeding governing law enforcement professional certification. The Supreme Court reversed, holding that the circuit court applied the incorrect statutory provisions, and therefore, the court also erred in concluding that the civil service hearing proceedings must precede decertification proceedings. View "Thorton v. Ward" on Justia Law