Toriseva Files Civil Complaint Against Circuit Clerk Miller
WHEELING — A Wheeling attorney has filed a civil complaint against the Ohio County Circuit Clerk, alledging the clerk refused to accept a legal filing she submitted to the office last week.
Attorney Teresa Toriseva filed her complaint against Circuit Clerk Brenda Miller Monday in Ohio County Circuit Court.
Miller said she has seen the filing made against her that came through her office, but she said she would not comment until being legally notified of the complaint.
“I have not been served yet,” she said. “After that, I may have something to say.”
Miller said Toriseva presented a filing to the office on Friday she found to be incorrect, and she called Toriseva’s office to point out the issue.
“She filed something, and I believed there to be an error in filing,” Miller said of Toriseva. “I then notified her office it needed to be changed.”
The complaint she filed Monday against Miller explains she represents “a client in a domestic proceeding deemed confidential by West Virginia code” and rules set forth by the West Virginia Court of Appeals.
Based upon these rules of confidentiality, the law firm of Toriseva Law named itself as the petitioner, according to the complaint.
“In a more closed proceeding, Toriseva Law will provide the court with a more detailed factual history,” Toriseva stated.
The filing she attempted to file Friday “is time sensitive, and the date of the filing may have a significant financial impact upon the relief provided to petitioner’s client.”
According to Toriseva, Miller “refused to accept the document, refused to log the date and time of the filing of the document, refused to place the document in the file indicated by petitioner, refused to take a courtesy copy for the presiding judge, and turned petitioner away” telling her she would need the permission of a judge in the 1st Judicial Circuit to file the document.
“As a circuit clerk, Ms. Miller’s duties are ministerial in nature only, and she does not possess discretion in the carrying out of her duties,” Toriseva states in the complaint.
She cites state law indicating Miller is required to accept the filing.
“Upon information and belief, Ms. Miller does not possess a law degree from an accredited law school,” the complaint states. “Ms. Miller blatantly violated and ignored her duties as the Ohio County Circuit Clerk…
“A circuit clerk court of almost 20 years of experience should fully comprehend legal duties in that position. All citizens, not just judges and practicing lawyers of this state, expect her to understand her duties. Even a single act of refusing a filing is a dereliction of duty and is made worse by her approximate 20 years on the job — experience that should leader her, or anyone, to know better.”
The complaint has been assigned to Judge Ronald Wilson.
On Monday, Toriseva said, through an employee, that she would have no additional comment on the filing until the judge has issued an order in the case.