Kirk recusal motion in West Virginia Supreme Court

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There are more developments to report in the case of Lt. Col. Joel Kirk, whose ongoing struggle with the family court in Harrison Country, West Virginia, has now come to involve the State of West Virginia Supreme Court.

Yesterday, Lt. Col. Kirk, who is embroiled in a long running custody dispute, filed a pro se (self-represented) motion with the family court of Judge Lori B. Jackson, containing a motion for a continuance on the grounds that he was given insufficient notice to find representation on a hearing scheduled for tomorrow. The hearing was scheduled after the Guardian Ad Litem for the children of the Kirk marriage, Mary Snead, filed for an injunction to prevent Lt. Col. Kirk and avoiceformen.com from releasing court documents pertaining to the Kirks’ children.

Kirk was given two days notice of the hearing and lives in a rural area with limited legal resources.

The motion also contained a request for Judge Jackson to recuse herself from the case due to possible bias she may have related to coverage of the case.

Judge Jackson subsequently passed the motion to the West Virginia State Supreme Court for an opinion on the recusal.

This leaves the case in limbo until Chief Justice Menis Ketchum returns from a leave to rule on the recusal motion.

More details will be posted as they are reported to AVfM.

Motion for continuance and recusal

 

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