Judge dismisses sanctions claim

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Prince and his lawyer had been accused of using the courts to boost his political career

By Sally Voth -- svoth@nvdaily.com

WOODSTOCK -- Shenandoah County Circuit Court Judge Dennis L. Hupp has shot down the Board of Supervisors' attempt to have a Toms Brook man -- a candidate for District 5 supervisor -- and his attorney sanctioned.

Hupp issued his ruling Thursday, according to a letter from the judge to County Attorney Donald Litten and Woodstock attorney Bradley Pollack, who is representing Mark Prince.

Prince, who is challenging incumbent Dennis Morris for his seat, has accused some in the county -- particularly Morris -- of corruption.

He has taken his conflict-of-interest allegations to the Shenandoah County commonwealth's attorney's office, a Circuit Court grand jury, the state police, the attorney general, the governor and the FBI -- to no avail.

Prince had appealed a lower court ruling, which stated that there wasn't evidence that County Administrator Vince Poling violated the Freedom of Information Act, to the Circuit Court. This led to several county officials being deposed.

Prince ultimately withdrew his appeal, and Hupp signed a final order allowing that withdrawal Sept. 29.

Less than a week later, Litten and his son, Jay Litten, who also serves as county attorney, filed a motion for sanctions against Pollack and Prince, saying the latter was using "judicial means of promoting [his] political career."

In his Oct. 29 order, Hupp said his decision wasn't based on the case's merits, but rather procedure. He writes that the county's motion for sanctions "relied heavily on statements" Prince was said to have made in an online article.

Hupp thought the county learned of the article the same day he issued his final order, but it later emerged that the county found out about it four days before, Thursday's order says.

"I would not have suspended the [Sept. 29] order had I known the actual circumstances at the time," it says. "It is my view that a motion for sanctions should be filed during the pendency of the case unless particular circumstances prevent this."

Prince had no comment Friday other than to thank Hupp and Pollack. The Littens couldn't immediately be reached for comment Friday.