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Judge Denies Board of Education's Motion


A judge has declined a request to ask the West Virginia Supreme Court whether a fired state schools superintendent was an at-will employee.

The Charleston Gazette reports that Kanawha Circuit Judge James Stucky rejected the West Virginia Board of Education's motion Monday.

Jorea Marple claims in a lawsuit that her 2012 firing was illegal. Board attorney Victor Flanagan said immediately letting the high court decide whether Marple served at the will and pleasure of the state would save time and money.

Marple's attorney, Tim Barber, said a question of law can be certified to the Supreme Court only if the evidence is undisputed. Barber said just about everything in the Marple case is in dispute.

The judge agreed with Barber, allowing the case to move forward in circuit court.

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