Photo Courtesy/WV Supreme Court of Appeals Third Judiciary Circuit Court Judge Tim Sweeney, seen here conducting a training in Ritchie County in 2022, is asking the West Virginia Supreme Court of Appeals to throw out his admonishment after raising issues about CPS shortages in his judicial district.

CHARLESTON – Third Judiciary Circuit Court Judge Tim Sweeney is asking the West Virginia Supreme Court of Appeals to throw out his admonishment following accusations of ethical breaches for having raised concerns about child welfare staffing shortages.

Attorneys representing Sweeney filed a response brief Thursday with the state Supreme Court requesting that charges filed against him last year by the Judicial Investigation Commission (JIC) be dismissed with prejudice, meaning the charges would not be able to be filed again.

“Judicial decisions made in good faith to support the well-being of abused and neglected children deserve the unqualified respect and support of this Court,” wrote J.H. Mahaney, an attorney with Dinsmore and Shohl LLP representing Sweeney. “Even if this Court disagrees with substance of the decisions or the procedures employed to make them, a judge should never be punished for having the courage to do so.”

“Without this Court’s unwavering support in such circumstances, circuit judges will be forced to do their job with only one eye on the case before them and the other looking over their back,” Mahaney continued. “If this happens, the public will rightfully lose confidence in the judiciary. More importantly, children deserving of the best the judiciary has to give will be harmed

The JIC issued a public admonishment against Judge Tim Sweeney on June 12, 2025, for violating various Code of Judicial Conduct rules. Sweeney’s admonishment came following abuse and neglect hearings in October 2024 and February 2025 after a CPS worker testified that the agency was overworked and understaffed, causing local workers to not meet court-ordered deadlines.

“Having exhausted their internal remedies at DHS, the manager begged Judge Sweeney for help: ‘I’m asking and they don’t hear me. Maybe they will hear you in Charleston. I don’t know, but I need help,'” Mahaney wrote. “Neither Judge Sweeney, nor any other West Virginia circuit judge worthy of their judicial robes, could ignore these pleas.”

An order was issued by Sweeney last year appointing several officials with the state Department of Human Services to report to the Ritchie County Courthouse on Feb. 20, 2025, and receive assignments as CPS Services workers. Sweeney conducted interviews with The Parkersburg News and Sentinel and WV MetroNews regarding this order. He later canceled the order after meeting with former DoHS Cabinet Secretary Alex Mayer and working out an agreement.

Although the JIC acknowledged Sweeney’s goal of protecting children, they found that he improperly used his administrative authority by ordering state officials to serve as caseworkers without prior notice. The JIC also accused Sweeney of discussing confidential case details with the media and maintaining a social media presence that appeared politically biased.

Despite these violations, the commission opted for a public warning rather than formal discipline due to the Sweeney’s lengthy and unblemished career. However, Sweeney’s attorney argued that the judge’s actions were legitimate efforts to protect vulnerable youth and support his community. Sweeney’s actions were prompted by extreme staffing shortages and dangerously high workloads within the state’s Child Protective Services system.

“When the CPS worker assigned to her case begged Judge Sweeney for additional manpower to help the children in his circuit, he did not turn his back and ignore the problem,” Mahaney wrote. “He did what every West Virginia circuit judge should do: he tried to find a way to help. He entered an order requiring (DoHS) workers to staff unstaffed positions and took steps to increase the public’s awareness of the problem.”

“My concern is this: If I just sit around and these things are happening and I don’t do anything, am I doing my job? Am I part of the solution or part of the problem? As I indicated earlier, the buck kind of stops here,” Sweeney said according to prior testimony cited by Mahaney.

Mahaney wrote that Sweeney’s intervention successfully prompted the state to improve staffing levels, thereby fulfilling his judicial duty to manage abuse and neglect cases. Eight months later, DoHS was citing decreases in CPS worker vacancies in the counties within Sweeney’s judicial district, which includes Pleasants, Ritchie and Doddridge counties, as well as within the 18th Judicial Circuit in Upshur and Lewis counties.

“In response to Judge Sweeney’s Order … (DoHS) took immediate action to address the problems that Judge Sweeny identified,” Mahaney wrote. “Within days of his Order, (DoHS) representatives meet with Judge Sweeney and implemented a revised staffing plan for Judge Sweeney’s circuit. Within weeks of his Order, the (DoHS) had taken steps to increase staffing throughout the State of West Virginia.”

“As a result, abused and neglected children received critical services in a more timely manner, or in some instances that they would not have received at all,” Mahaney continued. ” At least to some degree, workload burdens on CPS workers in Judge Sweeney’s circuit and throughout their state were decreased, allowing them to better perform their jobs to support West Virginia’s families and children. The result was a ‘win-win’ for everyone involved. Everyone, that is, except Judge Sweeney.”

According to the DoHS Child Welfare Dashboard as of the end of May, out of 806 authorized CPS worker positions, 726 positions were filled, leaving 80 unfilled positions, or a vacancy rate of 9.9%. Out of 142 authorized youth services worker positions, 134 positions were filled, leaving eight vacant positions for a 5.6% vacancy rate.

The Supreme Court will also rule on a similar case involving 8th Judicial Circuit Judge Maryclaire Akers. According to the West Virginia Record, the state Judicial Hearing Board recommended that the Supreme Court dismiss all Judicial Code of Conduct charges against her.

Akers was admonished by the JIC last year after she investigated the state’s use of unlicensed hotels and camps for displaced children, later discussing the matter on WV MetroNews Talkline. In her case, the Special Judiciary Disciplinary Counsel recommended dismissal, and the Judicial Hearing Board concluded there was insufficient evidence that her comments ‘might reasonably be expected to affect the outcome’ of a matter.

In his filing, Mahaney argued that that punishing Sweeney while dismissing similar charges against Akers would be arbitrary, capricious, and a “flagrant foul” on fundamental fairness.

“As a matter of fundamental fairness, this Court cannot reach a different decision in this case than it reaches with respect to Judge Akers,” Mahaney wrote. “The optics will denigrate the public’s confidence in the judiciary and the judiciary’s confidence in our system of judicial discipline. Even a technical, comparative parsing of their words to try and distinguish their actions is an equitable flagrant foul when applied in these cases.”

“Both acted solely to help children, and because of their efforts, West Virginia’s abused and neglected children are safer and are receiving services they would not have received had they declined to act,” Mahaney continued. “Discipling one judge but not the other under the circumstances of this case will simply raise more questions than it can ever hope to answer. Discipling neither is clearly the correct outcome.”