Former Mingo County magistrate Dallas Toler is expected to plead guilty to voter registration fraud on Dec. 2.
Mingo County Chief Magistrate Dallas, "Big Dal" Toler stepped down from the bench Wednesday, according to his wife.
Dollie Toler said her husband submitted a letter to the West Virginia Supreme Court Oct. 9 about his plans to resign, effective immediately.
"I'm not ashamed of my husband," she said. "Things happen you don't expect. It is what it is.
The announcement came minutes before Assistant U.S. Attorney Steve Ruby filed information that claims Toler committed voter registration fraud.
Officials with the state Supreme Court confirmed they received a letter from Toler.
In most instances, a chief circuit judge would temporarily fill a magistrate's seat, according to court spokeswoman April Harless.
Former Mingo Co. Circuit Judge Michael Thornsbury resigned from office Oct.2 after pleading guilty to a federal conspiracy charge. The Supreme Court appointed retired Judge John Cummings of Cabell County to temporarily replace Thornsbury after he was indicted on separate charges in August.
She said she is unsure if retired Judge Cummings will step in for Toler.
Administrative Director Steve Canterbury said officials with the Supreme Court are currently reviewing previous legal opinions to see who shall appoint and fill Toler's seat.
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