Wilfong was accused of violating four canons of the code of conduct including upholding the integrity and independence of the judiciary, avoiding impropriety and the appearance of impropriety, performing duties of the judicial office impartially and diligently and conducting extra-judicial activities as to minimize the risk of conflict with judicial obligations.
Based upon multiple violations of the code of judicial conduct, the special disciplinary counsel also recommends that Judge Wilfong be censured on each of the 25 violations of the code of judicial conduct, and pay the costs associated with the investigation and prosecution of the proceedings.
The special disciplinary counsel concluded that Wilfong's misconduct calls into question her judgement and brings the Randolph County system of justice into "disrepute".
"Public confidence in the judiciary is a fragile thing. Judge Wilfong should be suspended from office "not to punish the judge for her extensive wrongdoing, but to relieve from the bench a person whose further service will be detrimental to the judicial branch of government," the counsel said.
The West Virginia Supreme of Court of Appeals will have the final decision on Wilfong's future in the court system. There is no timetable for that decision, court officials said.
Judge Wilfong's attorney David Sims filed his brief Monday. In it, Sims asks that Wilfong be reprimanded and not suspended.
Two Senior Status judges are currently handling the case load in Randolph County.