Kanawha Circuit Judge Maryclaire Akers
CHARLESTON — The West Virginia Supreme Court has dismissed judicial ethics charges against a Kanawha County judge, finding insufficient evidence she violated the state Code of Judicial Conduct after discussing the foster care crisis during a statewide radio interview.
In its August 26 dismissal order, the court adopted a Judicial Hearing Board recommendation that the evidence did not clearly and convincingly establish Kanawha Circuit Court Judge Maryclaire Akers violated five judicial-conduct rules. The court also ruled Akers is entitled to attorney fees.
“I am very grateful for the court’s decision,” Akers told The West Virginia Record. “Nothing else really needs to be said other than I am also thankful for the excellent work of my lawyers Thomas Ryan and Ryan Steyer. Ultimately, this matter was always about West Virginia’s most vulnerable children, not me, and we should always make them a priority.”
The Judicial Investigation Commission filed a statement of charges on July 28, 2025, alleging Akers violated the five rules with her March 2025 appearance on MetroNews’ “Talkline,” where she discussed conditions involving children placed in hotels and other temporary settings while in the custody of the state Department of Human Services.
The commission initially issued a public admonishment after finding probable cause that Akers’ comments violated judicial ethics rules. Akers objected, which triggered formal disciplinary proceedings before the Judicial Hearing Board. The formal charges later included an alleged violation concerning impartiality and fairness.
Following discovery and a hearing, the hearing board issued a recommended decision June 5 concluding there was insufficient evidence to prove any violation by the clear-and-convincing-evidence standard. The board also recommended that Akers receive attorney fees.
Special Judicial Disciplinary Counsel Rachael L. Fletcher Cipoletti consented to the board’s recommendation July 1. Akers, through attorney Thomas C. Ryan of K&L Gates, filed a “consent with exceptions” the next day, according to the Supreme Court’s order.
“I want to thank the court for eventually agreeing with the JHB on the recommendation to dismiss the charge,” Ryan told The Record. “I also want to thank my client, Judge Akers, for staying true to herself through this entire matter. I appreciate her endurance and her committent to her principles to see this all the way through.”
In adopting the recommendation, the court concluded the record did not establish violations of the cited rules. The order did not detail Akers’ exceptions or the amount of attorney fees she may recover.
Chief Justice Haley Bunn and Justice H.L. Kirkpatrick said the case should have been scheduled for oral argument because Akers objected to the recommended decision, according to the order.
The hearing board had ruled Akers’ radio comments concerned a matter that remained pending because of a one-year monitoring process under an agreed order. But it concluded there was not clear and convincing evidence that her remarks could reasonably be expected to affect the outcome or fairness of that proceeding, a requirement for a violation.
The dismissal ends the disciplinary case against Akers, who has not previously been disciplined as either a lawyer or judge, according to the hearing board’s recommendation.
West Virginia Supreme Court of Appeals case number 25-483
