On Monday, July 14, 2025, Buckhannon reported that two West Virginia judges faced ethical admonishments after publicly addressing severe issues within the state’s Child Protective Services (CPS) system. Judge Tim Sweeney of Ritchie County and Judge Maryclaire Akers of Kanawha County were investigated by the West Virginia Judicial Investigation Commission for their public statements about the CPS crisis, which they claimed were made to protect vulnerable children.

In October 2024, Judge Sweeney ordered state workers to arrange out-of-state mental health treatment for a severely traumatized child in state custody. By February 2025, the child, one of over 6,000 in West Virginia’s care, still had not received the mandated care. During a hearing, CPS workers revealed that the caseworker assigned to the child was managing 100 families, far exceeding the recommended maximum of 10. Sweeney ordered state health officials to report to his courthouse to work directly as CPS workers and spoke to the media to highlight the issue, hoping to prompt action from state authorities.

Similarly, in February 2025, Judge Akers learned during a court session that a 12-year-old boy in state custody attempted suicide at a hotel where he was placed. She ordered state health officials to her courtroom, appointed a monitor to oversee the department, and discussed the case on statewide talk radio. Both judges’ actions aimed to address systemic failures in CPS, including understaffing and inadequate mental health care for children.

The Judicial Investigation Commission found that both judges violated the judicial code of conduct by making public statements about confidential matters. Sweeney was criticized for discussing CPS understaffing with MetroNews and for Facebook posts that could be seen as promoting pre-trial prosecution. Akers was admonished for sharing insights from her time as a juvenile prosecutor, noting that children in state custody often end up in juvenile or adult court. The commission issued warnings but did not file formal charges.

Both judges filed objections, arguing they acted lawfully and prioritized child safety. Sweeney’s lawyer, J.H. Mahaney, emphasized the crisis, citing cases of violence, medical distress, and suicides among children in state care. Akers’ lawyer, Thomas Ryan, expressed hope that the focus would remain on the well-being of West Virginia’s vulnerable children.

The cases have been sent to another panel for review, which will make recommendations to the state Supreme Court of Appeals.

 

 

Source: Buckhannon