WINFIELD, W.Va. -- A Putnam County judge has approved a request from two teacher organizations and a state agency to be included in a lawsuit challenging a West Virginia law that cost the former basketball coach at Winfield High School his job.

Circuit Judge Phillip Stowers issued an order Thursday to allow the West Virginia Education Association, the state American Federation of Teachers and the state Board of Education to intervene in the lawsuit on behalf of the Putnam County Board of Education.

Stowers agreed with the intervening organizations that the county BOE did not fully represent their interests in the lawsuit.

Paul Sutherland, former coach of the Winfield High School girls basketball team, filed the lawsuit in Putnam Circuit Court against the county BOE in June. Sutherland lost his job because of a state law that directs a county board of education to hire certified teachers for coaching positions over individuals without a certificate.

Sutherland had been head coach of the basketball team for eight years, until a certified teacher applied for the position. As mandated in state law, the county BOE hired the teacher and did not renew Sutherland's contract.

Stowers ruled in favor of the state board's argument that it "has a right to protect its interest in maintaining uniformity and compliance with the laws enacted by the Legislature."

If the law is found unconstitutional, it will affect coaching positions across the state, Stowers states in his order.

"The Legislature has granted WVBOE the authority to enforce laws regarding athletic coaching positions, and WVBOE has the duty to ensure that counties are in compliance with the statutes governing athletic coaches," Stowers states.

WINFIELD, W.Va. -- A Putnam County judge has approved a request from two teacher organizations and a state agency to be included in a lawsuit challenging a West Virginia law that cost the former basketball coach at Winfield High School his job.

Circuit Judge Phillip Stowers issued an order Thursday to allow the West Virginia Education Association, the state American Federation of Teachers and the state Board of Education to intervene in the lawsuit on behalf of the Putnam County Board of Education.

Stowers agreed with the intervening organizations that the county BOE did not fully represent their interests in the lawsuit.

Paul Sutherland, former coach of the Winfield High School girls basketball team, filed the lawsuit in Putnam Circuit Court against the county BOE in June. Sutherland lost his job because of a state law that directs a county board of education to hire certified teachers for coaching positions over individuals without a certificate.

Sutherland had been head coach of the basketball team for eight years, until a certified teacher applied for the position. As mandated in state law, the county BOE hired the teacher and did not renew Sutherland's contract.

Stowers ruled in favor of the state board's argument that it "has a right to protect its interest in maintaining uniformity and compliance with the laws enacted by the Legislature."

If the law is found unconstitutional, it will affect coaching positions across the state, Stowers states in his order.

"The Legislature has granted WVBOE the authority to enforce laws regarding athletic coaching positions, and WVBOE has the duty to ensure that counties are in compliance with the statutes governing athletic coaches," Stowers states.

He also ruled in favor of the AFT and WVEA's claim that teachers are not represented in the lawsuit and if ruled unconstitutional, the decision might have an adverse effect on teachers.

"The teachers' unions have an interest in representing their members who directly benefit from the preferential treatment statutorily established," Stowers states in his order.

Richard Holtzapfel, Sutherland's lawyer, said the addition of the three agencies will not change his client's argument that the law is unconstitutional.

"I'll have more fires to put out now, and be responsible for more motions," Holtzapfel said. "It's really not going to affect our case. The argument will stay the same, whether we have one defendant or 100 defendants in there."

As coach, Sutherland had a record of 159 wins and 43 loses. Under his tenure, the team advanced to the state AA tournament six times, and took home two championship wins, his original lawsuit filed in June states.

Under state law, a county board of education must show hiring preference to a certified teacher for coaching positions, "without regard for the non-teacher's current position, qualifications, seniority, success or tenure."

Reach Veronica Nett at veroni...@wvgazette.com or 304-348-5113.