Big news: After winning the Family Court Judge Search case in a published Fourth Circuit opinion, facing jury trial in early January, the defendants have decided to settle. So the case is over. This is the final update.
Tag Archives: family court judges
BREAKING: 4th Circuit DENIES Judicial Immunity!
Yesterday, the U.S. Fourth Circuit Court of Appeals issued a published opinion affirming the lower court’s denial of judicial immunity to former West Virginia Family Court Judge Louise Goldston. Judicial immunity cases are rare, so there’s no doubt that this one will be cited case law for many years to come. Procedurally, this means that the case now goes back to the trial court for a jury trial on the issue of money damages.
“The system here worked at every level,” John Bryan told The West Virginia Record. “The judicial disciplinary counsel, Teresa Tarr in particular, took immediate action, conducting a thorough investigation and then instituting formal charges, culminating in a state Supreme Court opinion that held Judge Goldston accountable. Without that, none of this would have happened. The Legislature also took action, forcing her into retirement due to her defiance following the Supreme Court opinion.
“And now here, the federal judiciary has made an example out of her that will keep rogue judges in check for decades to come.”
Here’s the published opinion:
Here’s the prior video on this case, with more details about the facts and the litigation.
Here’s the link to the oral arguments.
BREAKING: Judge Resigns and Two More Now Charged
4
Well, we did it. Youtube did it. We took down a judge who was violating the Constitution. On March 4, 2020, Family Court Judge Louise Goldston was filmed by my client, Matt Gibson, searching his house as part of a divorce proceeding. A few days later we uploaded the footage to Youtube. Outrage ensued. Disciplinary charges ensued. A federal civil rights lawsuit ensued. An impeachment in the state legislature ensued. Well, she has now resigned, in face of the imminent impeachment.
And as of today, I just discovered this breaking news: two additional West Virginia family court judges have also been charged for their part in conspiring to help Judge Goldston avoid disciplinary prosecution. Here are formal statement of charges for Family Court Judge Stotler and Family Court Judge Rock, just obtained today from the West Virginia Supreme Court:
Family Court Judge Impeachment UPDATE
Here’s the latest information I’ve received on the status of the impeachment proceedings in the West Virginia legislature, seeking to remove Family Court Judge Louise Goldston. Apparently, political pressure is being exerted behind-the-scenes. Additionally, an anonymous letter was sent to eight legislators set to vote on the impeachment. I can confirm that at least two of those legislators received it. I’m told that as of now, the impeachment is proceeding, beginning as early as Monday.
This is the anonymous letter received by multiple state legislators:
At this link you can find the contact information for each of these legislators, as well as all other members of the West Virginia House of Delegates.
UPDATE: Family Court Judge Search Case – IMPEACHED?
Huge news this week. Apparently the West Virginia legislature has initiated impeachment proceedings against the family court judge we sued in federal court. More than that, the basis for the impeachment is actually the judge’s responses to my questions to her during her deposition in the civil lawsuit.
A West Virginia Family Court Judge is the subject of an impeachment resolution to be introduced by the WV House of Delegates on Monday following the commission of a warrantless search which violated, among other things, Constitutional rights of West Virginia citizens….
A March 1, 2021, deposition saw Goldston declare, under oath, “I don’t believe I violated the canons of ethics.”
https://www.lootpress.com/wv-family-court-judge-to-face-impeachment/
When asked specifically whether she regretted physically entering Gibson’s home, Goldston responded, “Do I think I did anything wrong? No.”
Watch the last update video:
UPDATE: Wild WV Judge(s)
You may remember the judge who was alleged to have pulled a gun in the courtroom, then denied doing so, then apparently admitted to doing so. The saga has apparently now just ended. For now. You may be asking yourself, which West Virginia judge is this again? Let’s run through a few of the crazy cases of West Virginia judges gone wild real quick, then I’ll tell you what happened. We have to set the context here. Some of these cases are absolutely insane.
There’s the family court judge I filed a lawsuit against for personally performing an illegal search of my client’s house, who was deprived of judicial immunity in the lawsuit. She’s currently appealing to the Fourth Circuit. The Institute for Justice recently announced that they joined the case and published a great video about it. Here’s the last update video I did on that case:
Here’s the IJ’s video on it:
Here’s the excellent brief the IJ filed in that case:
There’s the case of the West Virginia circuit court judge who acted up at a traffic stop. I was the one who first obtained and released that footage on Youtube. That judicial disciplinary case is still ongoing. That judge was recommended for suspension. Here’s my previous video with the footage:
Here’s the decision from the Judicial Hearing Board recommending discipline:
The state supreme court has the final say, however, which has yet to be heard.
There was another West Virginia circuit court judge who ordered the arrest of two correctional officers with no legal basis for doing so, which earned him a public reprimand.
Here’s the public admonishment he received:
That, by the way, is the same county as my recent wildlife officer antler heist case, if you were wondering what type of environment that could occur in….
There was the West Virginia family court judge who went on a tirade in his courtroom against a litigant, earning him a suspension. That was Judge Watkins. From the ABA Journal, March 28, 2013: “Judge whose angry rant was caught in YouTube clip is suspended for nearly 4 years.”
In one hearing, the opinion says, when speaking to a woman who was seeking an order of protection against her then-husband in a domestic violence case, Watkins blamed the woman for “shooting off your fat mouth about what happened,” told her to “Shut up!” and then continued:
“Shut up! You stupid woman. Can’t even act properly. One more word out of you that you aren’t asked a question you’re out of here, and you will be found in direct contempt of court and I will fine you appropriately. So, shut your mouth.You know I hate it when people are just acting out of sheer spite and stupidity.”
Here’s the full video referenced in the article:
There was, probably the worst of all – no definitely the worst of all, as far as my recollection goes – Judge Thornsbury, who was indicted by the feds for official corruption in Mingo County, West Virginia. That one made national headlines.
From an FBI press release on August 15, 2013: “West Virginia Circuit Judge Arrested for Framing Romantic Rival, Rigging Grand Jury.”
Judge Thornsbury is charged with conspiring to violate the constitutional rights of a victim identified as “R.W.,” who was the husband of Thornsbury’s secretary. In early 2008, the indictment alleges, Thornsbury began a romantic relationship with his secretary, identified as “K.W.,” which she broke off in June of that year. After K.W. ended the relationship, Thornsbury instructed a co-conspirator to plant illegal drugs underneath R.W.’s pickup truck and then arranged for police to stop R.W. and search for the drugs. The co-conspirator tasked with planting the drugs backed out of the plan at the last minute, thwarting Thornsbury’s scheme.
Thornsbury then tried a different approach, the indictment alleges. R.W. worked at a coal preparation plant, where newly mined coal was processed before shipping. One of the plant’s functions was to remove scrap metal that had fallen into the coal during mining. Thornsbury learned that R.W.’s supervisors had given him permission to salvage scrap items, including drill bits, that were found amid coal at the plant, which were simply discarded if R.W. did not collect them.
Thornsbury secretly instructed a West Virginia state trooper to file a criminal complaint that falsely alleged R.W. was stealing the scrap material from his employer. The trooper resisted, telling Thornsbury that R.W. was allowed to salvage the scrap, but ultimately yielded to Thornsbury’s demands, filing a false criminal complaint that led to R.W.’s arrest for grand larceny in December 2008.
Fast forward to a Charleston Gazette-Mail article from March 13, 2018: “Ex-Mingo judge Thornsbury to be released from prison this week.” That article explained that a federal judge sentenced the former judge to 50 months in prison in June of 2014 after he pled guilty to one count of conspiracy against civil rights. It also explained that the judge’s criminal conduct was only exposed due to the murder of the sheriff in that county, which ended up revealing a criminal scheme involving the judge, the murdered sheriff, the former Mingo Prosecuting Attorney, as well as a former County Commissioner.
But wait, we’re not done just yet. There was the West Virginia judge who bit a guy’s nose…. This was one was a little bit before my time. I was playing high school football at the time this story came out. October 24, 1997, the AP reports, “Feisty Judge Bites Unruly Defendant’s Nose.” This one is actually pretty interesting and probably deserves a video of its own.
Joseph Troisi, a 47-year-old judge on the Pleasants County Circuit Court, could get up to a year in jail and a $500 fine for the alleged attack June 26 against Bill Witten, 29. Troisi still faces federal civil rights charges carrying up to 10 years in prison. Troisi was accused of stepping down from the bench, taking off his robe and confronting Witten after the defendant cursed at the judge while being led out of the courtroom. Afterward, witnesses said, Troisi returned to the bench as if nothing happened.
A report prepared for the state Supreme Court said Troisi, who was first elected to the bench in 1992, had a long-standing inability to control his temper on the bench. In all, Troisi lost his temper 19 times in the past two years, the report said.
Then, July 29, 1998, the AP reported, “Nose-Biting Judge To Return to Jail.”
A former judge who served five days behind bars for biting a defendant’s nose was ordered back to jail for the rest of his original six-month sentence Wednesday for violating the terms of his probation.
Circuit Judge Arthur Recht ruled that former county judge Joseph Troisi inappropriately confronted and provoked a court official who had testified against him in the nose-biting case.
Troisi admitted on the stand that he called Pleasants County Deputy Circuit Clerk Ward Grose a liar and other epithets in the St. Marys courthouse June 30. But he showed little remorse over the incident.
“I feel it was stupid. I don’t feel it was wrong,″ Troisi said of his behavior.
Troisi resigned from the bench and pleaded no contest to battery charges in October 1997 for biting the nose of a defendant after a contentious bail hearing. He served five days in jail and received one year of probation.
I don’t want to say “last” but not least, because this seems to be ongoing, but would you believe me if I told you that not too long ago, basically our entire supreme court was impeached by the legislature? From another AP story, August 14, 2018: “All of West Virginia’s Supreme Court justices impeached over spending.”
West Virginia lawmakers completed the extraordinary move of impeaching all four state Supreme Court justices Monday night for spending issues, including a suspended justice facing a 23-count federal indictment.
Justice Robin Davis was impeached for $500,000 in office renovations. And lawmakers approved articles against Loughry for spending $363,000 in renovations to his office; having a $42,000 antique desk and computers, all owned by the state, at his home; lying to the House Finance Committee about taking home the desk and a $32,000 suede leather couch; and for his personal use of state vehicles.
Here’s the $32,000 couch. Definitely worth impeachment and prison….
The Wikipedia on this explains it well, as far as I can remember:
So, of the 5 justices on the West Virginia Supreme Court, Justice Menis Ketchum resigned before impeachment, pled guilty in federal court to one count of wire fraud, and had his license to practice law annulled and was sentenced to three years probation and fined.
Returning back to the judge accused of pulling a gun in the courtroom, here’s the update: Circuit Judge David W. Hummel Jr. submitted his letter of resignation November 23 to Governor Jim Justice.
“I write to advise you that as of the close of business today, I am resigning the position of Circuit Court Judge of the Second Judicial Circuit,” Hummel wrote in the one-paragraph letter, which also was delivered to state Supreme Court Chief Justice John Hutchison. “It has been a terrific honor to serve in this role since January 2009.”
That’s it. No reason given. The reason is obvious though. According to the West Virginia Record:
Hummel is the focus of a state Judicial Investigation Commission investigation. Even though the JIC can’t confirm or deny the existence of such a probe, JIC Chief Counsel Teresa Tarr told The Record complaints and investigations are confidential unless the JIC issues formal charges or an admonishment.
Also, Rule 2.2 of the state Rules of Judicial Disciplinary Procedure states, “The resignation of a judge shall not relieve the obligation of the Office of Disciplinary Counsel to investigate a complaint that the judge violated the Code of Judicial Conduct and to fully proceed in accordance with these rules.”
The gun in the courtroom controversy first started when a Texas lawyer, Lauren Varnado, who had been trying a contentious oil and gas case in the oil and gas region of West Virginia – the upper panhandle. She provided allegations to the Daily Beast, who first reported on it. They claimed that the judge initially denied the presence of a gun. Later, video surfaced of the gun. That caused a slight problem with the judge’s denial – or at least the ability to deny the presence of a gun. At the end of the day, the video proves that the judge had the gun out in the courtroom. Here’s my prior video on this one, discussing it in more detail:
Family Court Judge Search Case Now at the Fourth Circuit
Imagine you’re sitting in family court and the judge looks at you and says, what’s your address? I’ll meet you there in 10 minutes, and I’m going to search your house with your ex-wife and my bailiff – a police officer who will arrest you if you don’t let me in. March 4, 2020, that’s what happened to my client. Here’s an update on the current status.
We won on the issue of judicial immunity. Just before the jury trial was set to begin, the defendant judge appealed the case to the Fourth Circuit. Since this matter involves judicial immunity, it’s capable of being appealed prior to trial. Usually a defendant is required to wait until afterwards.
They just filed their brief a couple of days ago. Next it’s our turn to file a response brief, which is due mid-November.
Here’s the federal court opinion denying judicial immunity:
Breaking: Federal Court Denies Judicial Immunity in Family Court Judge Lawsuit
Breaking news today in the federal civil rights lawsuit against Family Court Judge Louise E. Goldston, which alleges constitutional violations for her search of my client’s house in March of 2020…. Just today, the Federal Court issued an order denying the judge’s claim of judicial immunity, ordering that the jury trial is on for Tuesday. As the order acknowledged, the West Virginia Supreme Court already found Judge Goldston’s conduct to be in violation of the law:
Thereafter the Supreme Court of Appeals concluded Judge Goldston exceeded her judicial powers in searching Mr. Gibson’s residence in violation of the Code of Judicial Conduct. See In re Goldston, 246 W. Va. 61, 866 S.E.2d 126. A censure and fine resulted. Id.
The opinion went on to address Judge Goldston’s arguments that she was merely holding a Family Court hearing inside Mr. Gibson’s home, and that she should be immune from liability. The Court pointed out the obvious flaws in her argument, stating:
The crux of Judge Goldston’s argument is that her actions were taken during the course of adjudicating a Family Court dispute. She contends that, assuming she exceeded her authority, her actions were judicial in nature and hence subject to judicial immunity.
As noted, the Court examines the nature of the act and not the actor. The nature of the act was a warrantless search of Mr. Gibson’s residence and a warrantless seizure of his property. The twofold inquiry is (1) whether a search of a residence was an act normally performed by a judge, and (2) the expectations of the parties, namely, whether Mr. Gibson was dealing with Judge Goldston in her judicial capacity. Respecting the first prong, does a judge normally execute a search warrant or personally search a residence? To quote Judge Posner, “[t]o ask the question is pretty much to answer it.” Nelson v. Streeter, 16 F.3d 145, 148 (7th Cir. 1994). While “the issuance of a search warrant is unquestionably a judicial act,” see Burns v. Reed, 500 U.S. 478, 492 (1991), the execution of a search and seizure is not….
Judge Goldston was not engaged in an act normally performed by a judge.
Respecting the second prong, Mr. Gibson doubtless dealt with Judge Goldston in her judicial capacity at the outset of the March 4 contempt hearing. The situation changed markedly, however, once the field trip began. Once Judge Goldston invited herself to the residence, began her warrantless search, and then seized private property, the die was cast. Nevertheless, Judge Goldston notes (1) a bailiff was in attendance, (2) the search was recorded much like a judicial proceeding, and (3) Mr. Gibson and his ex-wife made motions during the process. She asserts all of this demonstrates the parties dealt with her as a judge.
The contentions do not withstand minimal scrutiny. Mr. Gibson’s motion for disqualification arose out of Judge Goldston acting as a witness rather than a judge. Further, the recording of the search — which Judge Goldston attempted to halt — is in no way equivalent factually or legally to an electronically transcribed or recorded judicial proceeding. Judge Goldston recognized as much in her deposition. Judge Goldston has thus failed to demonstrate either of the two required prongs.
Here’s the full memorandum opinion and order:
The Court also ruled that the Raleigh County Commission, i.e., the Raleigh County Sheriff’s Office, is also going to trial on the issue of whether they adopted and maintained a policy of illegal Family Court judicial searches of litigants’ homes, which ultimately led to the search of Mr. Gibson’s home on March 4, 2020. The Court correctly noted that the deposition testimony of the two bailiffs indicates the existence of such a policy:
For instance, according to the record, Bailiff McPeake sought out a Raleigh County supervisor prior to his first home search as a bailiff in Raleigh County Family Court, seeking assurance that he was within department policy prior to doing so. Bailiff McPeake was told by Sergeant Aaron Lilly that he was authorized to participate and that they “do that from time to time.” Even after the March 4, 2020 event, Bailiff McPeake testified that there has been no policy change as to family court judges searching parties’ homes. Bailiff McPeake, who continues to serve as bailiff for Judge Goldston, has not been instructed by his supervisor, Lieutenant Dave Stafford, to refrain from similar conduct in the future.
Additionally, Deputy Stump, who established during his deposition that he was a supervisor for the Raleigh County Commission, testified that he had visited the homes of litigants with Judge Goldston “numerous times.” Deputy Stump explained that the sheriff’s department policy for bailiffs is whatever policy a judge told him — “no questions asked.” He noted that, even after the March 4, 2020 incident, there has been no policy change within the department about bailiffs going to the homes of litigants. Indeed, Deputy Stump asserts that, “if Judge Goldston told me today to go to the house, I’d be the first one there.”
The record gives rise to a genuine issue of material fact respecting whether the Raleigh County Commission had the required municipal policy of allowing officers to participate in home searches with family court judges of the type here challenged.
Shortly after the issuance of the order, Judge Goldston filed a notice of appeal, as well as a motion for stay of the trial, pending her appeal on the denial of judicial immunity. I’m currently researching the legal issues surrounding her attempt to stop the trial and immediately appeal to the Fourth Circuit. I will be filing a formal response with the Court tomorrow morning, and will provide an update on whether the trial is on as soon as a decision is made.
Looks like we’re going to jury trial in the Family Court Judge Case
Update on the Family Court Judge Search Case: It was over two years ago – March 10, 2020 – when I uploaded a video on what was then my fairly new Youtube channel, showing the footage depicting a West Virginia Family Court Judge searching my client’s home. The judge ended up being charged with judicial disciplinary violations, which went all the way to the State Supreme Court, ending in a written censure to the judge, describing the search as serious misconduct, which was not a judicial activity authorized under state law. A federal Section 1983 civil rights lawsuit was filed, which I’ve documented extensively, and which I’ve spent hours upon hours litigating.
Today we had a pretrial conference in federal court and I want to give a quick update on where we stand. It looks like great news to me. It sounds like the Court has given the greenlight to a jury trial beginning on the 19th of this month. The Court has yet to rule on the pending issues surrounding the defendant judge’s assertion of judicial immunity. However, it noted that a ruling would be imminent – likely early next week. This forthcoming opinion will be extremely important in defining the parameters of judicial immunity, as these cases are extremely rare and difficult.
Be on the lookout. There will surely be an update on Tuesday or Wednesday of next week with the details of the Court’s ruling. I believe it’s going to come down to the fact that the State Supreme Court has already spoken on the judge’s conduct in this particular situation. The law of judicial immunity requires the Court to look at the nature of the activity, rather than the job title of the defendant. The State Supreme Court has already issued a final adjudication of the fact that judges in West Virginia do not engage in searches; that searches are an executive law enforcement function, and that the defendant doing so in this particular case is “serious misconduct” and an “egregious” misuse of power.
Lastly, the law enforcement defendants are still in the case, both as individual defendants, as well as in the Monell Claim alleging a 20 year practice and policy of Family Court judicial searches, which according to the deposition testimony of the defendant officers, continues to this day.
Update: Family Court Judge Case Set for Trial in July
Here’s a quick update on the status of the Family Court Judge Search Case federal civil rights lawsuit. As of right now, we’re scheduled for a jury trial beginning on July 19.