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STATE OF WEST VIRGINIA

SUPREME COURT OF APPEALS

State of West Virginia,

Plaintiff Below, Respondent

vs.) No. 19-0502 (Harrison County 18-F-230-2)

Michael Joseph Taber,

Defendant Below, Petitioner 

MEMORANDUM DECISION

In this criminal appeal, the Court issued a rule to show cause in contempt against the 

petitioner’s counsel, Jonathan Fittro, to show cause why he should not be held in contempt and 

subjected to further sanctions after failing to perfect the appeal and otherwise comply with orders 

of this Court. This memorandum decision does not address the merits of the criminal appeal; it 

addresses only the rule to show cause in contempt against Mr. Fittro. Based upon Mr. Fittro’s

failure to perfect the appeal, appear during oral argument to show cause as directed, and otherwise 

comply with orders of the Court, we hold him in contempt. Considering the sanctions to be 

imposed, Mr. Fittro is hereby denied eligibility for any court-appointed cases until the Office of 

Disciplinary Counsel’s investigation into this matter and any resulting disciplinary action are fully 

concluded. Additionally, Mr. Fittro is hereby removed as counsel for the petitioner, Michael 

Joseph Taber. 

This matter involves the petitioner’s appeal of his sentence of three to thirty-five years 

imprisonment following his convictions for burglary and forgery of a public document. By 

scheduling order entered on June 9, 2019, Mr. Fittro was directed to perfect the appeal in 

accordance with the Rules of Appellate Procedure on or before August 28, 2019. The appeal

remains unperfected, and an extension of time to perfect the appeal has not been requested. 

Accordingly, on September 10, 2019, a notice of intent to sanction was issued by the Court 

directing Mr. Fittro to perfect the appeal within ten days of receipt of the order. Counsel was 

reminded that failure to perfect the appeal could result in sanctions being imposed under Rule 10(j) 

of the Rules of Appellate Procedure. Once again, the appeal was not perfected, and on October 2, 

2019, an amended notice of intent to sanction was issued directing Mr. Fittro to perfect the appeal 

on or before October 15, 2019. Again, the appeal was not perfected, and no additional pleadings 

or other documents were submitted by Mr. Fittro.

FILED

February 24, 2020

EDYTHE NASH GAISER, CLERK

SUPREME COURT OF APPEALS

OF WEST VIRGINIA
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By order entered on January 9, 2020, the Court issued a rule to show cause in contempt 

against Mr. Fittro for failure to perfect the appeal and otherwise comply with orders of this Court.

The January 9, 2020, order provided that the rule to show cause was returnable at ten o’clock a.m. 

on Tuesday, January 28, 2020. In the order the Court directed Mr. Fittro to show cause why he 

should not be held in contempt for failure to perfect the appeal, unless sooner mooted by perfecting 

the appeal. Additionally, the Court directed that Mr. Fittro be referred to the Office of Disciplinary 

Counsel for failing to perfect the appeal and for failing to respond to orders of the Court.1 On 

January 22, 2020, this Court sent Mr. Fittro a notice of the January 28, 2020, appearance date, 

together with a copy of the “Argument Docket” listing the rule to show cause as number eight on 

the docket. 

Mr. Fittro did not perfect the appeal, as set forth in the January 9, 2020, order. Further, he

did not appear at ten o’clock a.m. on Tuesday, January 28, 2020, as directed in the January 9, 2020, 

order. To date, the appeal has not been perfected, and Mr. Fittro has failed to respond to this Court’s 

orders entered in this matter.

Having considered Mr. Fittro’s failure to perfect the appeal and otherwise comply with 

orders of this Court entered in this matter, we find him in contempt. Accordingly, we hereby order

that Mr. Fittro be, and he hereby is, held in contempt for his willful violations of orders of this 

Court. Mr. Fittro is hereby denied eligibility for all court-appointed cases until the Office of 

Disciplinary Counsel’s investigation into this matter and any resulting disciplinary action is fully 

concluded. Additionally, Mr. Fittro is hereby removed as counsel for the petitioner, Michael 

Joseph Taber. Crystal L. Walden, West Virginia Public Defender Services, is hereby appointed as 

counsel for the petitioner. Mr. Fittro is directed to immediately transfer his entire file in this matter 

to Ms. Walden. The Clerk of Court is directed to provide notice of this sanction to the circuit court 

in each county where Mr. Fittro routinely practices.

Sanctions imposed. 

ISSUED: February 24, 2020

CONCURRED IN BY:

Chief Justice Tim Armstead

Justice Margaret L. Workman

Justice Elizabeth D. Walker

Justice Evan H. Jenkins

Justice John A. Hutchison

 

1 By referring this matter to the Office of Disciplinary counsel, we express no opinion regarding 

the initiation of a disciplinary proceeding. We likewise express no opinion regarding the resolution 

of any such proceeding that may be initiated.