The top attorney for the state health department in West Virginia, April Robertson, retired amid allegations that she intentionally failed to preserve emails related to a foster care lawsuit. The retirement announcement came just before department employees were scheduled to appear before a federal judge regarding the missing emails, which were requested as evidence in an ongoing class-action lawsuit about the state’s treatment of children in foster care.
Attorneys representing the foster children in the lawsuit claimed that Robertson deliberately did not ensure the preservation of the emails, which could have shown how state leaders responded to issues in the child welfare system. A former DHHR attorney stated that Robertson was aware of how to preserve emails for employees who left the department.
These revelations led to calls for sanctions against the state for spoliation of evidence. A federal judge ordered a hearing on the deleted evidence and requested sanctions against the state health department.
This incident is not the only one involving missing evidence in lawsuits against the Justice administration in West Virginia. In another case concerning poor conditions at a state jail, intentional destruction of evidence was cited. Following a judge’s order, two corrections officials were fired, and a settlement was reached to compensate inmates at Southern Regional Jail.
Governor Jim Justice, who is currently running for the U.S. Senate, has not commented publicly on the missing emails in the foster care lawsuit. Virginia Payne was appointed as the Interim General Counsel for the West Virginia Department of Health following Robertson’s retirement.
Source
Photo credit westvirginiawatch.com