HUNTINGTON -- Patty Verbage-Spence says she will seek re-election.
The two-term magistrate retired March 31, amid serious health concerns and questions about her competency. She publicly withdrew from the race at that time, but her plans changed this week after unofficial results showed she won the Democratic Party's nomination.
Verbage-Spence, 61, was happy and pleased to receive the nomination, but the victory came as a surprise. She credits the win to the way she has treated others.
"I will be going forward," she said. "I will be running in November. If I win, then I will be starting out in January as a new magistrate."
Verbage-Spence announced her plans during a telephone interview Thursday with The Herald-Dispatch. She received the seventh-highest number of votes Tuesday. She garnered support from 4,591 voters. That equaled 6.15 percent of the vote, and it was enough to move her campaign forward.
Verbage-Spence was admitted to the hospital in March. Doctors determined only 35 percent of her heart was operative, according to her attorney R. Lee Booten. The diagnosis came two weeks after the county's circuit judges questioned her competency and asked her in a letter to step down. The circuit informed her that removal proceedings would commence if she refused.
The candidate had no comment Thursday regarding the letter, her competency or the judges' allegations.
"I don't want to answer these questions," she said. "That's all in the past. That's why I'm going forward. I feel better. The doctors have got everything under control. ... The rest is all in the past."
Verbage-Spence said doctors believe her heart was closer to 50 percent operative. She said it operates close to normal with medication.
"I'm not short of breath anymore," she said.
Booten said he believed his client's name recognition played part in her nomination. He said her victory was a surprise to many. Based upon his informal opinion, Booten said he believes she resigned from a prior term and can win election to a new term. He said he questions if the judges can stop her from being sworn in and/or use past mistakes to remove her from a new term of office.
"There is the burning issue," he said.
The attorney said he has heard some critics say her heart condition was "bogus," but he said that is not true. He has advised her to consult a doctor before starting her new campaign in earnest.
"There is a lot of things to evaluate before she truly starts running again," he said. "Saying you want to do it and doing it are two different things."
Verbage-Spence did no campaigning during the primary. She also failed to submit any campaign finance reports to the Cabell County Clerk's Office.
County Clerk Karen Cole said Verbage-Spence publicly dropped out of the race, but never filed formal paperwork to do so. Her announcement came too late for her name to be removed from the primary ballot. If she had officially withdrawn from the race, Cole said the Democratic Party leaders would be able to nominate another candidate before November.
Chief Circuit Judge Alfred Ferguson said the circuit's four judges have not discussed their response to Verbage-Spence's victory or renewed campaign.
The magistrate's letter of resignation to the state Supreme Court of Appeals was dated March 27. It cited her health issue as the sole reason for her resignation and decision to drop out of the campaign.
"I regrettably make this decision for myself and for my family, but also pursuant to my duty owed unto the citizens of Cabell County, since it has become obvious that I know (sic) longer possess the requisite physical ability to carry out the duties of a magistrate and its demanding responsibility," she wrote.
The resignation letter also acknowledged that she was the subject of various allegations and a state-level complaint, but she wrote those accusations did not influence her resignation.
Booten acknowledged the state-level complaint in March. It was separate from the circuit court's complaints. Verbage-Spence denied allegations made in the state-level and vowed to challenge its merit, according to Booten and his client's resignation letter. Booten said would not she hide behind anything.
According to Booten, the circuit judges' letter "discussed her inadequate performance and questioned her competency to remain as a magistrate."
In a March statement provided through her attorney, Verbage-Spence spoke about the circuit court's concerns. It said she wanted to resign with honor. The statement said her health condition "has affected her ability to conduct the demanding obligations of a magistrate." The statement said the diagnosis explained why she "has been slipping and the appearance of her incompetency."
In March, Booten said his client understood that "the judges were correct. ... She hasn't been fit for office for some time. She just didn't know it." The attorney described his client as making a series of minor mistakes that concerned the circuit judges. Booten said those mishaps included forgetting to sign documents and forgetting to have the defendant sign bond orders. Verbage-Spence, Booten and others believed her illness led those mistakes, according to the attorney. They believe it explained her fatigue and her absences at work.
Ferguson confirmed existence of the letter in March. He said the problems were discovered as the circuit evaluated each magistrate's performance He agreed with Booten's characterization of the mistakes, but said "collectively it all added up." He has said he feels comfortable that her resignation was the best decision for the court system and public.
Verbage-Spence was first elected as magistrate in 2000, just months after the death of her brother, Magistrate Glenn Verbage. He died in office. She has admitted to having no political experience prior to the November 2000 election, but she said her brother's "fair and competent" performance motivated her.
She was re-elected in 2004. In that same year, Booten has said she suffered a minor stroke. It affected her peripheral vision and contributed to her involvement in multiple vehicle accidents. She has not been allowed to drive for some time.
News of her retirement and surprise victory come at a time when the state Supreme Court of Appeals is considering the involuntary retirement of another Cabell County magistrate, Alvie Qualls. Calls for his retirement come amid sexual harassment and incompetency allegations.
Qualls lost his bid for re-election Tuesday. He finished 16th out of 19 candidates. He was discharged Wednesday from St. Mary's Medical Center after a short stay. He had served as a magistrate for at least 26 years.
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