In 2019, as West Virginia was descending to worst in the nation for mental health and drug abuse (an estimated burden of more than $11 billion per year), the State's most prominent Mental Hygiene Commissioner and Teen Court Judge was not making news for speaking with students about the horrors of addiction; He was making news in Augusta County Virginia for multiple drug indictments, including possession with intent to distribute.

In 2025, Chief Judge David Hammer reappointed attorney Kirk H. Bottner as Mental Hygiene Commissioner and personally signed his latest Oath of Office, despite a publicly documented history of ethical violations, including multiple felony pleas. Given the State's continuing mental health crisis and recent removal of a judge for non-criminal conduct, this petition urges Judge Hammer to immediately remove Bottner from this esteemed position and require all new appointees to speak with students at least once per year about drug abuse and mental health issues.

As Mental Hygiene Commissioner (MHC) since 2002 and Teen Court Judge since 2011, Bottner has held judicial powers over some of the most vulnerable people in the community: juveniles, individuals facing involuntary mental health or substance-use commitments, respondents in guardianship and protective proceedings, and families whose liberty, bodily autonomy, and property can be significantly affected even in the absence of any criminal conviction. 

Bottner was entrusted with these profound powers under sworn oath to uphold the highest ethical standard in the State, the Code of Judicial Conduct (CJC), which uniquely requires oath takers to avoid even the appearance of impropriety in personal conduct, specifically including violations of law. 

Over the past 15 years, public records show a troubling pattern of conduct by Bottner while serving in this judicial role:

• 2010 (PDF): Charged with possession of marijuana in Loudoun County, Virginia; amended to trespass with 1-year drug eval probation as part of first-time-offender deferral.
• 2011 (PDF): WVSCA reprimand for "conflict of interest" in a divorce case that allegedly resulted in a mother being deprived of primary child custody. 
• 2015a (PDF): WVSCA discharge from attorney role in civil case, holding: "Mr. Bottner assumed a role as [convicted child sex offender] Jensen's legal representative far beyond the modest duties expected of a guardian ad litem [...] manifestly in derogation of State law," despite more than a decade of experience as Mental Health Commissioner.
• 2015b (PDF):  WVSCA opinion identified Bottner as one of three Mental Hygiene Commissioners who repeatedly exceeded statutory powers by appointing legal counsel for protected persons. 
• 2019 (PDF): Bottner indicted in Augusta County Virginia on 4x counts of possession, including possession with intent to distribute (5yr min prison term), followed by Plea Agreement to 4x felony counts, and Sentencing Form indicating 7x felony convictions. Bottner again received first-time-offender deferral probation, and completed 100 hours of community service in Augusta County. 
• 2022 (PDF): WVSCA issues a terse three page order effectively suspending Bottner’s law license for six months without disclosing the basic underlying facts of the ethical violation --e.g., number and nature of the felony charges and pleas, even though those facts were accessible to the Court and are reflected in out-of-state criminal dockets and sentencing documents.

Bottner's four pleas to felony possession of LSD, MDA, hash oil and Psilocybin are the most known of a Judicial Officer in State history. 

The lack of transparency in Bottner's 2022 suspension is underscored by comparison to other recent disciplinary actions:

• Judge Wilfong (2014): Removed from office for concealing a consensual affair. Publicly humiliated via detailed 41 page opinion. No prior misconduct or criminal record.
• Attorney Sidiropolis (2019): Law license suspended for 60 days via 35 page opinion detailing a heroine bust stemming from opioid addiction due back injury. Zero prior misconduct record.
• Kirk Bottner (2022): Law license suspended for six months via opaque three page order implying substance abuse issues. At least one prior criminal arrest/plea and three adverse Supreme Court actions. Allowed to retain Judicial Office?

Shouldn't the public be entitled to know that those entrusted with ordering others into confinement are not themselves repeatedly engaging in unlawful conduct or receiving extraordinary leniency?

Five years prior to a duffle bag of drugs and cash being seized from Bottner's RV in Augusta County, a lower level deputy prosecutor in Bottner's home county pled guilty to a single count of distribution. Upon conviction in that case, the U.S. Attorney's Office issued a stern public warning:

“If someone who is sworn to uphold the law is instead breaking the law then we must move swiftly to preserve the integrity of the criminal justice system.” 

This petition does not seek punishment for its own sake; it desires to restore basic trust that those who seek profound judicial powers are held to the same standards that they impose on others. For families facing emergency mental-health petitions or guardianship of a loved one, knowing that the decision-maker is under a cloud of undisclosed violations undermines confidence in the process. The community demands judicial officers whose service does not raise repeated concerns about exceeding lawful authority and criminal conduct.

Furthermore, it cannot be ignored that from the time Bottner was performing court-ordered community service in Augusta County to his law license suspension, West Virginia descended to worst in the nation for mental health and drug overdoses, and set a new record for suicides. A 2021 ACLU-WV report on regional conditions for confined persons during Bottner's tenure noted, “when we began to dig deeper into some of the raw data... we were horrified," with the Eastern Panhandle cited as having the highest suicide rate in the State. As part of his 2022 suspension, Bottner was ordered to speak to WVU Law School graduating classes about the potential consequences of using illegal substances. 

Now more than ever, West Virginia needs leaders who can make news for engaging students of all ages with sober realities in their local jurisdictions.

"Our state is no stranger to hardship, but the current mental health crisis demands clear-eyed attention and bold action." --The Intelligencer, 2025

For these reasons, signers ask Chief Judge Hammer to act promptly to remove Mr. Bottner as Mental Hygiene Commissioner for the 28th Judicial Circuit and require all appointments for this position henceforth to speak with students about drug abuse and mental health issues at least once per year.

Please sign and share this petition to push for this urgent action.