US Army veteran, Wes Toney, ready to ask tough questions as he vies for Fayette Circuit Judge

By Stephen Baldwin, RealWV
“There is a peace that comes from serving, knowing you’ve tried to make the community better,” says Wes Toney. “Even on my very worst days, I could come home knowing I had done my best to help people and make things better.”
That’s how Toney describes the “pull” of public service, which has led him to various aspects of public employment over the years including the US Army, the Fayette County Prosecutor’s Office, the City of Oak Hill, the West Virginia Senate, and more.
“I’ve served my city, my county, my state, and my country,” Toney shares. “I enjoy getting to help people and navigate all kinds of issues.”
Originally from Hico, Toney was raised on a farm by his grandparents. He graduated from Marshall University before enlisting and serving five years in the US Army. He was deployed to Kandahar, Afghanistan, from 2010-2011with the 1st Battalion, 502nd Infantry Regiment, 2nd Brigade Combat team, 101st Airborne Division.
Upon his return, he enrolled at the WVU College of Law. His law career includes stints representing educators, prosecuting felony criminal cases, drafting legislation for state senators, and taking on child abuse & neglect cases. Toney now operates his own law firm in Oak Hill, where he also continues to serve as city prosecutor.
“I’ve prosecuted those who harmed people,” he says. “I’ve served as guardian ad litem for children. I’ve also defended people who have had allegations made against them. I also drafted legislation while working in the Senate that the court applies. When you look at not only my legal experience as well as the capacity to serve, there’s no one that has the same depth of experience.”

Asked why he decided to run for Circuit Court Judge, Toney said the decision came after lots of prayers and discussions with his family and neighbors. “A lot of people don’t understand the immense power and responsibility that’s inherent in that capacity (the circuit court judge). In Fayette, it’s close to 90% of the court’s docket that’s criminal and abuse & neglect cases. We don’t have a lengthy civil litigation docket. We may have five medical malpractice cases in a year. It’s important for the person on the bench to be familiar with those cases. They can be the fairest when it comes to listening and deciding those issues.”
Toney uses a sports metaphor to describe the role of a judge.
“Justice Ewing used to say a judge’s job is to call balls and strikes, or be an impartial referee. I would add to that the referee should know the rules of the game. It does no good to bring a baseball umpire and ask him to referee football if he doesn’t know the rules. I’ve practiced law in every area that will come before the court each day. That sets me apart.”
What kind of courtroom could citizens expect if Toney were to win?
“They can expect me to ask a lot of questions,” he says. “ I’ve been called meticulous, thorough, and a number of other things. When you have an issue and you’re in my courtroom, I take time to understand the problem, the response, and the law. Everyone needs their fair day in court. They would step out of the courtroom feeling they had a fair opportunity and were treated respectfully and the law was appropriately applied.”

Toney would also like to see the county’s treatment courts (Family Treatment Court, Adult Drug Court, and Teen Court) continue, perhaps even expand to include job placement programs.
“I have always been a big proponent of building a solid foundation. Getting people back on their feet. As someone who has participated in the treatment courts in Fayette and Nicholas counties, I believe there are more ways to get people back to work and into society. The value of employment goes a long way. That would be a focus of mine. I’ve long advocated for creating partnerships with potential employers to incorporate them into treatment court.”
Toney says he has seen it work, relaying the story of a father who was living out of his van who went to a faith-based rehab, got clean, found a construction job, regained his parental rights, and is now a productive member of society helping others.
“I’ve seen cooperation and partnership not only reunify the family but totally change people’s lives.”
Toney is running for Circuit Court in District 15 which serves Fayette County. His opponents include Evan Dove, Sam Fox, Brandon Gray, and Larry Harrah. Voters will choose a judge in the primary election this May. All other candidates have been invited to be featured in a similar profile.