Today the Judicial Hearing Board of West Virginia made their Recommended Decision to the West Virginia Supreme Court in the case of the Family Court judge who searched the home of a litigant – my client, Matt Gibson. Despite the fact that disciplinary officials and the judge had already agreed to a punishment of a $5,000 fine and an “admonishment,” the Hearing Board only recommended “censure rather than admonishment” and “a fine of $1,000 instead of $5,000….”
At least one vote in this decision was The Honorable Glen Stotler, a sitting West Virginia Family Court Judge who “dissents because in his opinion there was no clear and convincing evidence that [his fellow Family Court Judge] violated any provision of the Code of Judicial Conduct. Mind you, the undisputed allegations included the admission that Judge Goldston violated “Rules 1.1, 1.2, 1.3, 2.2, 2.4(A), 2.4(B), and 2.5 of the Code of Judicial Conduct” for, among other things, threatening to put the homeowner in jail if he refused to allow her (along with his ex-wife, her lawyer, boyfriend, and two cops) inside his home to search.
As far as the rest of the board who voted for the reduced punishment, they noted in their decision that, “although there was no clear legal foundation for conducting the judicial view in question, the scope of a judicial officer’s inherent authority relative to judicial views is uncertain, and guidance to judicial officers from the Supreme Court of Appeals through rulemaking or otherwise regarding the proper scope of conducting judicial views would be beneficial.”
No clear legal foundation? A judge can show up at your home with law enforcement and search your house, and there’s no legal basis establishing that she can’t? They’re asking for guidance on “rulemaking” from the Supreme Court of Appeals of West Virginia on this grey area? “It is a basic principle of Fourth Amendment law that searches and seizures inside a home without a warrant are presumptively unreasonable.” Brigham City v. Stuart, 547 U.S. 398, 403 (2006). This applies to both criminal and other administrative type searches and seizures. SeeMarshall v. Barlow’s, Inc., 436 U.S. 307, 312-313, (1978) This is pretty damned clear. No state supreme court – not even a legislature – can create a new rule or law allowing a federal Fourth Amendment violation. Period.
“You’re not getting in my house without a warrant.”
“Oh yes I am…..”
Here’s the decision. It still goes to the Supreme Court, and they will make the actual decision. I’m told that the judicial disciplinary officials will be filing objections to the decision, and also objecting to the participation of Judge Stotler due to his impartiality.
The West Virginia Supreme Court of Appeals has charged a Raleigh County Family Court judge of 26 years with at least seven alleged violations of the Code of Judicial Conduct, after she admitted to visiting the home of litigants to investigate a property dispute.
The SCOA formally charged Judge Louise E. Goldston on Sept. 23 with violations to rules on compliance with the law, confidence in the judiciary, avoiding abuse of prestige of office, impartiality and fairness, external influences, competence, diligence and cooperating and extrajudicial activities, in general.
Goldston hears cases in Raleigh Family Court and Wyoming County Family Court.
Another interesting update….. Apparently there was a public admonishment against another Family Court Judge, who was recently elected to the bench, for doing a “home visit” in two instances, though both of those included lawyers who either requested the visit, or failed to object. The judge in that case mentioned that he never would have performed them had someone objected, and blamed Judge Goldston (from the video):
Respondent opined that he believed it was proper to visit litigants’ homes because a colleague had engaged in the same practice for several years. (The colleague, who is also the subject of a judicial disciplinary proceeding, recently engaged in a visit to a litigant ex-husband’s home to search for….
Discussion with my client, Matt Gibson, on having his house searched by a judge:
I did three TV interviews on Monday. I’ve only seen one, this one, which I thought turned out well – brutally honest:
BECKLEY, WV (WVNS) — Impartiality and fairness, complying with the law, avoiding abuse of office. These are only three of the seven rules Judge Louise Goldston is charged with violating during an incident in March.
Goldston oversaw a divorce case involving Matt Gibson. In order to find items Gibson allegedly neglected to maintain or turn over to the court, his attorney, John Bryan, said Goldston reportedly stopped the hearing and ordered all parties to immediately go to Gibson’s house.
“From day one that I looked at that video, I didn’t see any way that that was legal,” Bryan explained.
Even though Gibson is representing himself in the divorce case, he did hire John Bryan for action taken against the judge after the at-home search.
“Apparently this has been going on for 20 years and at least 10 other times this was done upon the motion of an attorney without the object of the other attorney,” Bryan said. “And what does that tell me? That maybe they were scared to challenge the judge, to challenge the system. I don’t know. I think that there are a lot of questions there that need to be answered.”
Read the formal statement of charges and my analysis:
Yesterday afternoon, the West Virginia Supreme Court of Appeals clerk’s office released the Formal Statement of Charges against Raleigh County, West Virginia Family Court Judge Louise E. Goldston – a 26 year Family Court judge. This is the judge caught on video searching the home of my client, Matt Gibson – threatening him with arrest if he didn’t allow her in. Here’s the post with the original video, as well as the update video, if you haven’t seen it. The charges state that on March 11, 2020, investigators opened a complaint, and that a subsequently second complaint was filed by my client, Matt Gibson.
For reference, I originally uploaded the video of the judge searching Matt’s property on March 10 – the day before the inception of the opening of the investigation. The video quickly went viral, and by the next day an investigation had essentially opened itself. In other words, the power of Youtube is great. In one day, it found its way into the eyeballs of the Judicial Investigation Commission, the only folks with the power to lodge judicial disciplinary charges against judges in West Virginia.
The Supreme Court of Appeals of West Virginia established the Judicial Investigation Commission to determine whether probable cause exists to formally charge a judge with a violation of the Code of Judicial Conduct, to govern the ethical conduct of judges and to determine if a judge, because of advancing years and attendant physical and mental incapacity, should not continue to serve.
If you want to report what you believe is judicial misconduct, or a civil rights violations committed by a judge, anyone can file a complaint with the JIC. Here’s the complaint form.
Any person may file an ethics complaint against a judge. However, a complaint that is filed more than two (2) years after the complainant knew, or in the exercise of reasonable diligence should have known, of the existence of a violation of the Code of Judicial Conduct may be dismissed for exceeding the statute of limitations.
Then, even though covid hit, the investigation apparently proceeded, and 6 months later the charges dropped (which was yesterday, 10/2/20). I just happened to be traveling when the charges came out, so it wasn’t really until this morning that I was able to digest them.The Formal Statement of Charges alleges that:
FAMILY COURT JUDGE GOLDSTON violated Rule 1.1 (compliance with the law), Rule 1.2 (confidence in the judiciary), Rule 1.3 (avoiding abuse of prestige of office), Rule 2.2 (impartiality and fairness), Rule 2.4(B) (external influences), Rule 2.5 (competence, diligence and cooperation) and Rule 3.1(A), (B), (D) (extrajudicial activities in general) of the Code of Judicial Conduct….
In other words, the JIC concluded that the judge failed to comply with the law, committed actions which undermines confidence in the judiciary,abused the prestige of her office, was impartial and unfair, allowed external influences on her actions, was incompetent, un-diligent (is that a word?) and uncooperative, and engaged in extrajudicial activities. According to the charges, these home “visits” (searches) have been going on “over the past twenty years.”
Over the past twenty years as a Family Court Judge, Respondent has been engaging in the practice of visiting homes of litigants appearing in front of her. Respondent went to the litigants’ homes to either determine if certain disputed marital property was present and/or to supervise the transfer of disputed property. Respondent admitted to conducting these home visits in her capacity as a Family Court Judge on eleven separate occasions in different cases.
In every instance except Mr. Gibson’s case, all of Respondent’s home visits were prompted by a motion by a litigant’s attorney and not objected to by the opposing party and will full knowledge of the purpose therein. Most of the Respondent’s home visits occurred during a court hearing in the case. A party’s attorney would move the Court to leave directly from the bench and accompany the parties to the home. After granting the motion, Respondent would meet the parties at the home.
The JIC interviewed the judge and asked her what authority she had to engage in this practice:
On July 22, 2020, Judicial Disciplinary Counsel took Respondent’s sworn statement. Respondent admitted that she failed to inform Mr. Gibson of the purpose of the home visit while the parties were in the courtroom and that she did not give him any opportunity to object thereto until everyone was at his house.
Respondent opined that she believed it was proper to visit litigants’ homes. Respondent likened the practice to a jury view or similar continuation of the court proceeding and stated that as a finder of fact it was necessary to determine whether a party could be held in contempt for not turning over personal property as previously ordered by the Court.
When asked, Respondent could provide no statute, rule or case that gave her the authority to conduct home visits. Respondent also acknowledged that there was nothing in the contempt powers that gave her the authority to conduct a home visit. Respondent confessed that she never held anyone in contempt prior to going to the home and that she failed to enter any order subsequent to the visit reflecting what had happened at the residence, whether any items had been secured and/or whether or not a party was in contempt.
I was absolutely correct when I first reviewed the video. There was no legal basis upon which a judge could search a home as was portrayed in the video. The fact that this judge had been doing it for the past 20 years, was not itself justification. Instead, this sobering fact proves that many former Family Court litigants are absolutely correct when they rant about corruption and unlawfulness. Over the past 20 years, at least 10 other victims have been subjected to this in this judge’s “courtroom,” subjected to unlawful “home visits” upon the motion of an attorney, and without objection from any other attorney.
I wonder how many of these visits involved this one particular attorney involved in this video? After all, it was this attorney who left a voice message for Mr. Gibson the night before the search, offering $5,000 in exchange for foregoing what would essentially be a Family Court anal probing:
This whole thing reeks to me, and sounds a lot like a “pay to play” style judicial experience. Had he paid 5 grand, he could have avoided being lucky number 11? Time will tell, hopefully. Roots run deep in a 20 year period inside one particular court. Perhaps this had something to do with a local Family Court attorney going on TV following my initial TV appearance with my client, to say that I was wrong, and that “home visits” were a perfectly legal Family Court practice. Yeah, okay…..
BECKLEY, WV (WOAY) – UPDATE: On Thursday, we ran a story about a Raleigh County man involved in a contempt case after a finalized divorce whose recording of a family court judge went viral. Matt Gibson claimed the search of his home was against his 4th Amendment rights. Because the judge and the opposing attorney cannot comment on ongoing litigation, local family attorney [let’s call him JOHN DOE] is speaking out saying Judge Louise Goldston was doing her job and doing it legally.
“What I think is most important to know about this is when you see a video on YouTube, when you see a Terry search, when you see something and immediately it doesn’t match what we’ve always seen on television that doesn’t make it wrong,” he said. “Because they didn’t do it that way on Law and Order doesn’t mean that a judge that has decades of experience is breaking the law.”
It looks like I was right, and he was wrong. So, he said the judge wasn’t allowed to respond, so he was responding on her behalf? Why is that, I wonder? That’s a rhetorical question, of course. Is he saying that she asked him to respond and defend her publicly? Another good point that the JIC makes in the statement of charges, is that if the judge, and her local family court lawyers, are going to characterize her actions as a lawful component of a judicial proceeding, then they have some issues to consider:
Respondent admitted that she never had any clear or written procedures for conducting a home visit, including but not limited to, when the proceeding should be utilized and how the process should take place. She also acknowledged that she never took a court reporter to the scene.
Upon reflection, Respondent agreed that the practice could make her a potential witness to a future proceeding which could then result in her disqualification. Respondent further agreed that family court judges run the risk of disqualification if he/she were to become a witness in a subsequent proceeding pertaining thereto.
Respondent also agreed that the burden of proof in a contempt proceeding rests not with the Family Court Judge but with the moving party. She agreed that it is the moving party’s responsibility to provide evidence in support of his/her contention that the other side has failed to produce the items in question. Respondent admitted to improperly putting herself into the role of litigant.
Like I said during the TV interview, the reason I’ve never heard people complain about having their homes searched by judges before, is because that’s not what judge do – judges don’t search homes. This judge was acting in the role of a litigant. So it was basically like Trump debating both Biden and Chris Wallace in the first presidential debate. That’s not how it’s supposed to work. The opposing attorney is supposed to submit evidence and prove his case. Here you had a judge doing both of these things, and then engaging in an unlawful search of one party’s home, on behalf of the other party. Why? That’s yet another rhetorical question of course. If the other 10 victims were represented by lawyers, why didn’t they object?
And then there’s the 800 pound gorilla in the room: the Sheriff’s Department assisting the judge in these actions. On how many of these 10 other searches were they present? The statement of charges also notes that the bailiff (a sheriff’s deputy) forced Mr. Gibson to stop his recording, and that he himself started to record what happened inside the home:
Upon Respondent’s arrival at Mr. Gibson’s property, Mr. Gibson had a bystander video record the initial interactions outside the house between Respondent and the parties. Mr. Gibson also secretly recorded several minutes of audio of the initial interaction on his cell phone.
When the video and audio recording were discovered by Respondent, she ordered both recordings stopped. However, once inside the house, Respondent’s bailiff used his phone to record both video and audio of the separation of marital assets.
Where is this video, and why hasn’t it been produced? I heard through the grapevine, that following my initial uploading of the Youtube video, that the Sheriff of that county sent around a memo to the effect of, “no more going anywhere with a judge….” Of course, the JIC doesn’t investigate law enforcement, nor discipline them. You might find this shocking, but there is no state agency or commission which investigates law enforcement officers in the way that judges, and even lawyers, are investigated (there’s a pending disciplinary complaint against the lawyer who was involved here as well).
The only consistent investigator of law enforcement misconduct in West Virginia is me, sadly. Those who were involved in the search of my client’s house will be explaining their actions. I can’t put people in jail, nor discipline them, so we’ve pretty much come full circle. I have to demand money damages for my client, and they’ll have the opportunity to avoid what’s coming their way. It ain’t pretty, but that’s the relief available. Unless someone wants to deputize me as a special federal prosecutor or something…..
UPDATE, and Part 2, to one of the craziest search and seizure cases I’ve ever seen, or personally been involved with: The West Virginia Family Court judge who’s searched the home of a federal law enforcement officer, looking for his ex-wife’s DVDs and other stuff, a year and a half after they divorced….. and got caught by YouTube.
Another UPDATE 10/2/20: The judge has been charged. The Statement of Charges was just released this afternoon:
I just uploaded this yesterday afternoon and it’s already over 12k views on Youtube. Probably because most people can relate with having been before a Family Court judge before, whereas they may not be able to automatically relate to someone involved in the criminal justice process.
This is video footage from our client, Matt Gibson, a federal law enforcement officer who had his home searched by a Family Court judge over a year after his divorce was finalized. This just happened on March 4, 2020. I’ve never seen anything like this before, so needless to say, I’m still researching the mountain of issues here.
This isn’t the first viral video showing a West Virginia Family Court judge on a rampage. Remember Chip Watkins in good ‘ole Putnam County? Man that guy was something else.
The Family Court involved in our video is Raleigh County, West Virginia, Judge Louise Goldston. If you know of this happening in other cases, please let me know as I continue to look into this.
UPDATE 3/11/20: Voicemail received by my client from the opposing attorney the evening prior to the hearing, which he himself scheduled. In the recording he says that the Court asked him to call him to convey a settlement offer (which sounds like he’s admitting to an ex parte communication with the judge, meaning without the other party having the opportunity to participate, which is a big no-no) and he demands $5,000.00 to stop the “hearing” which would take place the next day:
Here’s an update on the Fourth Amendment civil rights lawsuit we filed in the Sizemore case, which involved a federal criminal prosecution which was dismissed following a federal judge making a finding that officers in the Central West Virginia Drug Task Force made false statements to a magistrate in order to illegally procure a search warrant. We filed suit to establish civil liability for a violation of the Fourth Amendment, which specifically requires probable cause and a search warrant.
Well, we made it past the defendants’ motions to dismiss, and now we are proceeding to the discovery stage, which is essentially the exchange of information and the questioning of witnesses via depositions. The federal court denied the motions, and has ruled that we get to proceed.
First, I must note this Court is at a loss to understand Defendants’ assertion that because this case involves “a search warrant, rather than an arrest warrant,” it therefore “does not require a showing of probable cause.” Defs.’ Mem. Mot. Dismiss [ECF Nos. 6, 9]. More confusing, Defendants cite favorably to Illinois v. Gates, 462 U.S. 213 (1983), a case which describes the standard for probable cause in a search warrant. Though puzzling that this is necessary to explain to a member of the bar, “the Fourth Amendment requires that no search warrant shall issue without probable cause.” United States v. Daughtery, 215 F. App’x 314, 316 (4th Cir. 2007).
Indeed, the text of the Fourth Amendment, which has been in place since the adoption of our Constitution and Bill of Rights, states that individuals have the right to be protected “against unreasonable searches and seizures,” and “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” U.S. Const. amend. IV (emphasis added). And a search and seizure without probable cause is unreasonable. Miller, 475 F.3d at 627. This is especially true for searches of the home, which “is first among equals” regarding the Fourth Amendment. Yanez-Marquez v. Lynch, 789 F.3d 434, 464–65 (4th Cir. 2015) (quoting Florida v. Jardines, 569 U.S. 1, 6 (2013)).
Yep. It says “probable cause” in the Constitution. Hard to get around that…..
As previously explained, Defendant Morris violated Plaintiffs’ Fourth Amendment protections. Thus, the next question is whether the violated right was clearly established at the time of the events in question. “[I]t has long been established that when law enforcement acts in reckless disregard of the truth and makes a false statement or material omission that is necessary to a finding of probable cause, the resulting seizure will be determined to be unreasonable.” Gilliam v. Sealey, 932 F.3d 216, 241 (4th Cir. 2019); see Franks, 438 U.S. at 157.
As the Fourth Circuit has explained, “a reasonable officer cannot believe a warrant is supported by probable cause if the magistrate is misled by statements that the officer knows or should know are false.” Miller, 475 F.3d at 632 (quoting Smith v. Reddy, 101 F.3d 351, 355 (4th Cir.1996)).
People assume that people convicted of murder get a large amount of appeals, and have judges looking over their case to make sure everything was constitutional and fair . . . . Nope. This folder contains no actual direct appeal of James McClurkin’s murder conviction.
His lawyer who represented him during the 1977 trial which convicted him dropped the ball completely. He filed the notice of intent to appeal, but never actually followed through. Apparently he was waiting on payment from Mr. McClurkin’s family prior to filing the appeal. However, James’ father, who had hired him initially, passed away two weeks prior to the trial, and had spent all he had on James’ trial. The result was that Mr. McClurkin did not receive a direct appeal for his murder conviction. The State of South Carolina filed a motion to dismiss the notice of intent to appeal based on the failure to take any action beyond filing the notice. So the “appeal” was dismissed forever. What followed is paperwork which mostly discusses legal technicalities such as failure to comply with deadlines, and the discussion of rules which forbid inmates from bringing up old issues. It doesn’t appear that Mr. McClurkin ever had the assistance of a lawyer at all up until 1992, when the real murderer confessed. Every document James filed throughout his incarceration always mentioned first that James had exhausted his appeals. Well, he never got an appeal, and it is a fiction – a lie – that he exhausted his appeals.
The notoriously racist trial judge, Judge Moss, who in 1985 created “controversy” by using the “N word” from the bench (in response to black protestors following the conviction of a black man accused of shooting a white man – ironically similar to James’ conviction). Here is an article I tracked down from January 28, 1985, as it appeared in the South Carolina Herald-Journal.
This file contains almost no discussion of the evidence upon which James’ murder conviction stands. At one point, a lawyer for the South Carolina Appellate Public Defender’s Office filed a motion to withdraw from representing James due to the case being “without merit.” He didn’t bother to mention the evidence from the 1970’s, or the lack thereof. He didn’t even look into the 1992 confession and testimony of the real murderer. This was 2004. James would spend another 12 years in prison.
We are pleased to have been hired to represent a man named James McClurkin. James was convicted of murder in 1977. In late 2016, law enforcement appeared at his parole hearing and testified that the old murder case was reopened, and that James was innocent. James was released. He was 63 years old, and had been in South Carolina prisons since the age of 18.
South Carolina is one of the states which does not provide compensation to innocent people who are wrongfully imprisoned and then later exonerated. Hopefully that legislation can soon be enacted in South Carolina. But until that happens, we are working hard to compensate Mr. McClurkin for the terrible injustice which occurred in his case.
Here are some of the media accounts of his release from prison:
James McClurkin and his co-defendant were convicted of the 1973 murder of laundromat attendant Claude Killian. James, and his co-defendant Ray Charles Degraffenreid, both African Americans, were convicted under the brutal 1970’s Chester County, South Carolina justice system, which involved, among other things, a presiding trial judge who was known for using the “N word” while on the bench.
The real murderer actually confessed in 1992, which was corroborated by the fact that he was convicted of a similar murder, and by the fact that he had no alibi on the night of the murder. However, the justice system once again failed James, and he was sent back to prison for another 25 years. Now law enforcement reopened the case, and have concluded that the real murderer was telling the truth. How did this occur? Well, among other issues, the mother of the real murderer was apparently the maid of the prosecutor who prosecuted James and Ray Degraffenreid.
This sounds like a novel, but it’s not. It’s real, and it was only uncovered because a courageous new sheriff was willing to give someone the benefit of the doubt, and double check an old case. Follow along as we jump into this case and work to reverse the wheels of justice.
IF YOU LIVE IN SOUTH CAROLINA, PLEASE CONTACT YOUR POLITICIANS AND EXPRESS YOUR SUPPORT IN PLACING THESE CASES BEFORE THE GOVERNOR OF SOUTH CAROLINA. BOTH JAMES MCCLURKIN AND RAY CHARLES DEGRAFFENREID SHOULD BE PARDONED BY THE GOVERNOR OF SOUTH CAROLINA.
You can donate in order to assist with James McClurkin’s living expenses through the following site:
When you cross a police officer, in many West Virginia counties, you also cross one or more “badge bunny” prosecutors. I have found that the difference between a good prosector and a bad one is their backbone and their integrity. Confident, knowledgeable, experienced and honest prosecutors are independent. They do what is right. They know what is right – and what is wrong. Others lack confidence, as well as the backbone to be independent from law enforcement.
As you venture between various counties in West Virginia, you will encounter prosecutors of both types. I have encountered the badge bunny prosecutor derangement syndrome in one particular West Virginia county several times now. In these badge bunny jurisdictions, even the magistrates are not immune from infection. In fact, some are former police officers themselves. Unfortunately, almost none are former lawyers. Hell, who needs legal training when deciding bothersome legal issues, such as one’s freedom? Magistrates are almost always infected where there is an outbreak among prosecutors. If a prosecutor or a cop says the sky is purple, then the sky is purple. Defendants and defense attorneys are scum – even if they are not scum. They are worthless bastards.
If you want to experience injustice, piss off a cop in one of these counties. For instance, you could have an affair with his wife. He may be of the sort to arrest you illegally and beat you down when no one is looking, and while you are handcuffed. A badge bunny prosecutor would proceed to prosecute you. You could show him evidence that you were illegally arrested, and that you were illegally beaten. The evidence could be indisputable. But your barking up the wrong tree. Unlike the good prosecutors, justice is not his concern, getting convictions is. Protecting “his” or “her” law enforcement officers is priority numero uno.
So you then could file some civil lawsuits. Then you have really made it personal to the prosecutor. Justice gets thrown to the wayside altogether, and you now have crosshairs on your back. Your only way out is through a trial.
Now compare this to the often-seen scenario when a police officer violates the law. He gets a sweetheart deal and fades from the spotlight conviction-free. If it doesn’t piss you off now that this injustice and tyranny exists in West Virginia, then just wait until it happens to you. Good people get wrongfully arrested in West Virginia. Then you will need a lawyer who has the guts to stand up to these scoundrels and fight them on their home field. Choose carefully.
A jury found a Braxton County magistrate who is up for re-election next week guilty of attempted retaliation against a state witness Wednesday.
Prosecutors charged Carolyn Cruickshanks with conspiring to retaliate against Philip Dailey, who testified against her son, Jordan Grubb, in a drug case.
Cruickshanks reportedly delivered a copy of Philip Dailey’s plea agreement and a transcript of his plea hearing to the jail, where Grubb hoped other inmates would punish Dailey for being a snitch.
It always amazes me that these small-town political conspiracies involving corrupt public officials actually take place in West Virginia. Then, the corrupt official still runs for office as they are on trial…. Unbelievable.