In November of last year I posted a video showing a West Virginia judge flipping out at a traffic stop in Moorefield, West Virginia. In response to a stop he admitted was justified, he nevertheless pulled rank on a young police officer, immediately identifying himself as a judge, getting his supervisor on the phone, and later trying to get him fired, including threatening judicial retaliation against that department. Here’s that video:
I first exclusively obtained the body cam footage via a FOIA request from that police department. Well, now that judge is facing suspension, according to an order that was issued late last week. As explained in my first video on this, Judge Carter Williams was charged with multiple disciplinary violations. Then, in February of this year, I published yet another video about Judge Williams being in trouble again, over allegations that he kept leaving Walmart without paying for his merchandise. I also published a lengthy blog post about it. Here’s the Walmart video:
Since Judge Williams contested the matter, as he’s entitled to do, on June 14 a contested hearing was held before West Virginia’s Judicial Hearing Board over the course of three days. On September 19, the Judicial Hearing Board held a meeting to discuss the evidence presented, and on September 22, they issued an order finding that numerous judicial ethics rules were violated and recommending specific discipline to the West Virginia Supreme Court. Here’s the order:
The Judicial Hearing Board actually hit the nail pretty much on the head when it wrote in the order:
“There is clear and convincing evidence that the Respondent engaged in conduct that was prejudicial to the administration of justice by being unnecessarily belligerent to the traffic officer, by contacting the traffic officer’s supervisor in a manner suggesting he wanted special treatment and punishment for the traffic officer, by contacting the police chief, former police chief, and mayor in a manner suggesting he wanted special treatment, punishment for the traffic officer, and that his rulings in future cases might be influenced by his traffic stop and the action or inaction taken by police officials in response to his complaints against the officer, and by contacting the prosecuting attorney regarding this same subject matter.”
They recommended that Judge Williams be suspended for a period of one year, with all but three months of that suspension be stayed, pending “supervised probation.” Sounds familiar I’d say. So in effect, a three month suspension, without pay, but the possibility of up to a year with bad behavior. Additionally, they recommended a $5,000 fine, as well as reimbursement of $11,129.06 for costs. So we’ll have to wait to see what the West Virginia Supreme Court does with it. Also, I take it this did not include the Walmart allegations, which are still pending as far as I can tell.
A dozen or so people sent me this media story over the weekend involving a West Virginia judge who has been accused of pulling a gun in his courtroom, mocking the “man purse” of a Texas lawyer’s ex-CIA private security contractor, and otherwise treating her abusively and unfairly. It was first published in the Daily Beast, and also was published in the WV Record on Friday. Now it’s even made the Daily Mail. This involves West Virginia state court Circuit Court Judge David Hummel, in the small town of New Martinsville, in Wetzel County, West Virginia, who presided over a trial regarding gas royalty payments to landowners back in March, being tried by a Texas corporate attorney, Lauren Varnado. She is apparently the source of the allegations. Despite this going viral in the national news, I’m going to point out something to you that I think they may have overlooked. More on that in a minute.
(ETA: For some reason the Youtube version of the video cut-off the end of the video. Here’s the Facebook version, which has my full video: https://fb.watch/emqkmtitvS/ )
Varnado describes a hostile relationship with the judge after asking him to recuse himself based on a conflict of interest involving the judge’s parents receiving gas royalty payments. She also described a hostile relationship with the local community, requiring professional security. I’m pretty sure this has happened before in West Virginia. Angry locals, armed corporate security, and good ‘ole boy judges. Varnado ended up going to the FBI. And apparently, the Daily Beast. I don’t live in this region in West Virginia, so this is the first I’m hearing of the underlying conflict, or these allegations. I don’t believe I’ve ever heard of this judge, and I’m certain that I’ve never appeared before him.
In any event, the Daily Beast reported that Judge Hummel “whipped out his handgun, waved it in the air and left it on the bench with the barrel pointing directly at corporate lawyers who had irritated him.” This is supposed to have occurred on a Saturday, out of the presence of the jury.
At first, Hummel told the Daily Beast that never happened. Then, he told the reporter he kept the gun, a Colt .45, in a secret drawer in his bench. Then, he said he was wearing a holstered gun under his robe during the trial the previous week. But he said it was a long, classic-looking revolver from the Wild West days called a Colt Peacemaker. Then, Hummel told the reporter he did show Varnado a first aid kit.
“But it was casual,” Hummel told the Daily Beast reporter. “I did show her a foiled packet and said this is blood coagulant. We have preparations for active shooter situations.”
The firearm incident from the Saturday hearing occurred after the Texas defense team attempted to remove Judge Hummel from the case over an alleged conflict of interest. According to the Daily Beast article:
[T]he gas company’s lawyers accused the judge of never disclosing that his parents get gas company royalties that may someday pass on to him—sparking questions about a glaring conflict of interest. When the gas company’s lawyers sought to disqualify him, court transcripts show he grew increasingly aggravated at Varnado and her team.
At an April 2021 court hearing in which he was asked about his family’s gas interests, the transcript shows how the judge patronized EQT’s lawyers as he detailed his family tree and dismissed their concerns, ranting about how his cousin “Christy” got mad at him for not recognizing her at a wedding. When the attempt to have higher state courts disqualify him failed, Hummel started the next court hearing in similar fashion.
Varnado claims that the firearm was a constant part of the litigation. I’m not opposed to that in theory. But here’s what she said, specifically:
“The first time I saw Judge Hummel with a firearm was at the Huey pretrial conference at the Wetzel County Courthouse on March 1, 2022,” she said in an affidavit. “At the pretrial conference, Judge Hummel wore a black handgun in a holster on his hip with his judicial robe unzipped.”
During the trial, she said Hummel would walk around the courtroom with his robe unzipped and the firearm visible.
“I asked Judge Hummel during a break in trial about his firearm,” Varnado said in the affidavit. “Judge Hummel confirmed that the gun was a Colt .45 handgun. He wore the gun in a holster without exception throughout the trial.”
Why were guns even being discussed in the first place? Apparently the gas royalty trial involved perceived safety threats to the Texas legal team, who says that they hired ex-CIA officers as professional security. However, the judge didn’t allow the security team into the courtroom. Instead, Judge Hummel is alleged to have stood up, opened his robe, pulled his gun out of the holster on his hep and held it in his right hand, stating “I promise you, I’ll take care of them.” It sounds like the Judge called one of the ex-CIA guys, who was wearing a “man purse,” which he called, “such a sissy-ass contraption.” Judge Hummel then said, “Aren’t me and my guns and security enough?” and said, “My guns are bigger than your security’s guns,” pointing the barrel of his pistol towards the Texas attorneys.
Varnado signed an affidavit stating that, “Judge Hummel then set his gun down on the judicial bench and deliberately rotate the firearm (as it laid on the bench) until the barrel of the gun was pointing directly at me.” She alleges that the handgun remained on the bench, pointed at her, for the duration of the hearing. And then some:
The gun stayed there for the rest of the hearing. When the attorneys were directed to negotiate in a private room, they found the handgun still waiting for them when they returned. When lawyers had to approach the judge, the resting gun remained pointed at their faces.
One thing about this. In the Daily Mail article, they showed a photo of the inside of this particular courtroom. Here it is is. One thing that caught my attention was that it doesn’t necessarily appear that lawyers in the room would be able to see a gun, or the direction in which it was pointing, if it was sitting on the bench directly in front of the judge. Here’s the photo:
Maybe Varnado was referring to a different table, or perhaps the photo is either the wrong courtroom, or misleading as to the angles involved. It’s also possible that they only saw it when they walked into, or out of, the negotiation room. But in any event, she went to the FBI following the hearing.
Varnado says she contacted the FBI’s Pittsburgh office immediately following the hearing. After that phone call, she made a written report to the FBI via email. The next day, she says she had a second phone call with the FBI. On March 16, she met with the FBI in Pittsburgh.
She says she didn’t report the incident to the state Judicial Investigation Commission or any law enforcement in West Virginia because “we were – and still are – afraid.”
Varnado further alleges that the firearms discussion was not included in the certified transcript of the hearing – that she saw Judge Hummel gesturing to the court reported to go on or off the record, whenever he wanted to keep things out of the transcript. This included any discussion of Varnado’s ex-CIA security detail.
“The whole trial was insane,” she told The Record. “Why does a judge need to exert more power over us than he already can? Why would he need a gun in his courtroom?
“He took the Huey case extremely personally for some reason. I still don’t understand why. There was nothing super controversial about it, but he took it very personally.
“And yes, I am from out of state. I know what that means. I don’t really care if he likes me. I just tried to do the best job I could do that I was hired to do. But a courtroom, for a trial attorney, that is your workplace.
“My heart just breaks for the people who have to endure that every day. They don’t have a choice. They’re the real victims. It isn’t about me. If it’s happening to me, way worse things are happening to people who are pro se or indigent.”
The Daily Beast article noted that Judge Hummel is now under investigation, and that some of the judge’s own staff are corroborating the allegation that the judge displayed a gun:
That judge is now under investigation by the state’s judiciary for violating the profession’s code of conduct, according to three witnesses now sharing information with law enforcement and official communications about the investigation reviewed by The Daily Beast. The judge’s own staff has since told an investigator that the judge did, in fact, display his gun openly during an attorneys-only hearing and boasted about having it in his possession, according to two of those witnesses.
The Daily Beast also reported that, although Judge Hummel said there’s no recording of the incident, that a state investigator has acquired a videotape of the interaction. Does this refer to surveillance footage? Was one of the Texas lawyers surreptitiously videoing what was happening? We’ll find out at some point, if the state judicial disciplinary authorities end up charging or publicly admonishing Judge Hummel.
I don’t know what the truth is here. But I do know that one of the reasons I only litigate civil rights violations in federal court, in West Virginia, is because in the state courts you can sometimes deal with what I call the “welcome stranger tax,” which is a good ‘ole boy type biased judge, who treats you unfairly. I personally experienced this in another faraway county in West Virginia, where the local judge refused to let my client out of jail on a Friday, until I drove back to my office 3 hours away, to prepare the order to release him. I asked to use the judge’s computer to prepare a quick order, and he said no, stating that my client should have hired a local attorney, instead of someone from out of town.
I don’t know if that’s the case here, or if this is being blown out of proportion. What I do know is that the judicial investigators have the capability of getting at the truth. They get to take a sworn statement of the judge regarding the allegations. I presume they’ve already done that. They get to subpoena witnesses. And it sounds like they’ve already obtained some statements, as well as some sort of video footage. I should be able to obtain the investigation report at some point with a public records request.
My conclusion here is that I don’t have one yet. I’m not opposed to a judge carrying, or discussing, or even presenting, firearms in a courtroom. But it’s all in the context. Nobody should ever point firearms at anyone – especially not in the context alleged here. Given everything I’ve learned about judges the past couple of years, I wouldn’t take anything off the table, but let’s wait and see what the investigation concludes before jumping the gun.
On June 27, 2022, Judge Darrell Jordan, of Harris County, Texas, was indicted on the misdemeanor state-law charge of Official Oppression for ordering the contempt arrest of journalist Wayne Dolcefino. The arrest of Dolcefino occurred exactly two years earlier, on June 30, 2020, while Judge Jordan was presiding over County Criminal Court at Law No. 16 of Harris County, Texas. Using a pen camera, Dolcefino surreptitiously recorded his arrest. I reached out to him and he gave me permission to show the footage.
Here’s the backstory. Wayne Dolcefino is a veteran former TV journalist who had entered Judge Jordan’s courtroom on June 30, 2020 to question the judge about his lack of action on a serious of public corruption complaints involving Houston Mayor, Sylvester Turner. As can be seen in the video, Judge Jordan initially greeted Dolcefino, but then told him he wouldn’t be answering his questions, and threatened to hold him in contempt if he persisted. When he persists, the judge orders Dolcefino shackled and taken to jail. Jordan subsequently sentenced Dolcefino to 3 days in jail and 180 days probation. After Dolcefino appealed, Judge Jordan added an alcohol monitor and random drug tests as probation conditions.
On November 4, 2020, the Court of Criminal Appeals of Texas issued an opinion granting Mr. Dolcefino’s application for writ of habeas corpus, finding that, “After a review of the evidence and arguments, the contempt of court allegation is not supported by the . . . record” and vacating the contempt order under which Mr. Dolcefino was arrested and charged.
Not long before the indictment was issued, the judge was admonished for unrelated misconduct.
On May 13, 2022, the State Commission on Judicial Conduct issued a Public Admonition and Order of Additional Education against Judge Jordan, concluding that Judge Jordan violated several judicial ethics canons, ordering him to obtain 2 hours of instruction with a judicial mentor within 60 days. The admonishment found that Judge Jordan engaged in several unethical behaviors, including:
(1) Summoning several assistant prosecutors into his presence to “communicate to them his displeasure with their failure to treat him with sufficient respect, and to lecture them about criminal contempt penalties that could arise from acts ‘disrespectful of the court.’”
(2) Referring to himself as the “king of his court” and referring to the assistant prosecutors as “hang’ em high prosecutors.”
(3) On at least one occasion, threatening on the record to charge an assistant prosecutor with contempt, for failing to show him proper respect. At least he faces justice now after being indicted for Official Oppression, right? Wrong.
Posted just today on the Dolcefino Consulting website, Wayne announced that the criminal charge was dropped against Judge Jordan. He wrote that, “Democratic Fort Bend County District Attorney Brian Middleton bailed out a fellow Democratic judge just days after he was indicted by a grand jury for official oppression.”
“This misconduct was caught on tape and the dismissal of the indictment is a miscarriage of justice and we’re not going to let the DA off the hook like he did for Judge Jordan,” Wayne said. He’s now asking for public records from the Fort Bend County DA’s office, including emails, phone records and documents related to the investigation and case.
Apparently, the Ford Bend County DA, Brian Middleton, had been appointed to prosecute the case after the Harris County DAs office recused themselves. Then Middleton, on the Friday before the July 4 holiday weekend, quietly dropped the charges. The official reason given was that he didn’t believe enough evidence existed to prove the allegations beyond a reasonable doubt.
There seems to be a pattern of this happening, where prosecutors apparently are unable to convict public officials for misconduct that is captured with video evidence. If only they were that picky about prosecuting the peasants.
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.
You may remember the West Virginia Circuit Court Judge who was pulled over in a traffic stop by the Moorefield Police Department, resulting in the dash cam footage going viral on various Youtube channels, including my own, which is where it was first released to the public. Judge Carter Williams ended up being formally charged with judicial disciplinary charges. While those charges were pending, Judge Williams got in trouble again due to allegations he left Walmart with merchandise, but without paying. More judicial disciplinary charges were tacked on…. Well, his judicial disciplinary bench trial just ended, following three days of testimony before West Virginia’s Judicial Hearing Board, which is sort of an ethics court comprised of judges and a few appointed citizens.
The bench trial was open to the public and was held in Berkeley County, West Virginia, which is up in the northern panhandle, up near D.C. However, I was unable to view the proceedings because I was actually subpoenaed as a witness, since some of the relevant testimony pertained to the public’s reaction to the judicial misconduct, which is represented in the 2,500 plus comments to the footage on Youtube, first released by me. If you recall, I first obtained the footage via a FOIA request and publicly released it. I ended up not being called though, for whatever reason. The trial ended today, as reported by WV Metronews. The same reporter did watch the proceedings, and in three separate news reports provided some witness testimony quotes. Here’s what we know.
Another Circuit Court Judge in the same judicial circuit testified:
Judge Charles Carl, serving as a witness instead of in his usual role, testified that he was surprised by what he saw in a video of his colleague, Judge Carter Williams, at a traffic stop. “Well, first off, I would say it was out of character for how I know him,” Carl said during a hearing of the Judicial Hearing Board in Martinsburg. “Angry. Agitated. That’s not how I perceive him. That’s not how he acts in court. I just thought he had a bad day.”
Moorefield’s former police chief, Steve Reckhart took a call from Judge Williams at home the night of the traffic stop. “He was upset, agitated, and began to tell me about events that had just occurred,” Reckhart testified today. “He was upset with one of the officers, Officer Johnson, because he stopped him for a cell phone violation and went on to elaborate about the cell phone and how it happened to be there. Then he began to tell me about the frustrations with the Moorefield Police Department.” Reckhart also recalled “the fact that he was expressing his displeasure in some of the criminal cases that were being brought to his court and advised that he had some leeway in some of those cases but that he might look at them tighter in the future.”
Moorefield Mayor Carol Zuber testified that Judge Williams went to her home about 10 p.m. the night of the traffic stop. “He was upset,” Zuber recalled. “He said, ‘You know I really hate to do this to you, but you’ll have to do something with the police officers’ and then proceeded to tell me that he was pulled over because they accused him of holding his cell phone, talking on his cell phone.”She continued, “He made the indication that all of my officers, that I needed to straighten them up. He said they were a bunch of young men, that they were kids.”
A retired judge from the same judicial circuit testified:
Former Circuit Judge Donald Cookman, who served on the same circuit where Williams and Carl preside, earlier in his career was chairman of the Judicial Investigation Commission. As the allegations about how Williams had behaved swirled through the community, local officials had turned to Cookman for advice. Cookman testified today that what he saw on the video created an impression. “I was shocked. I was shocked. I’d known Judge Williams for a number of years, actually knew him as an attorney,” Cookman said. “He’s always very respectful, and I was surprised and shocked.” Cookman testified, “I was concerned that it might be a violation of judicial ethics.”
And last, but not least, Judge Williams himself took the stand yesterday in his own defense:
“Yesterday, for the first time, out in the hallway during a break, I got to talk to the young man that I was so rude to,” Williams testified today. “For the first time, I got to say I’m sorry. I shook his hand and I said, ‘I’m sorry for this. I’m sorry for all this upset.’” . . . . Williams today acknowledged flying off the handle but denied trying to leverage the authority and prestige of his office. “From Day 1, I said that my conduct on July 11 last year was unbecoming of a judge. I said it was disrespectful and rude,” he testified. He later added, “I made a federal case out of it. Just silly. Made a federal case out of it. I’ve regretted it since and tried to make right on it since.” . . . .
Williams today described the mindset that led him to use that phrasing and make those accusations. “I was in fired up mode,” he said. “For whatever reason on that day, I was gonna defend myself, advocate for myself like Custer on his hill, die there. That’s what it felt like. And that was the mode I was in.” The judge testified that he never said he would change the rulings in his courtroom based on the views he had expressed. “I never said I was going to change my rulings. Wouldn’t have done that, would never do that,” he said.
The judge testified that the past year of allegations has altered his reputation in the community and hurt his family. “So yes, my conduct is what it is. It’ll have to be up to someone else,” he said, referring to the hearing board. “But regardless of that and far beyond that, I’ve had to withstand this and be called a racist in this culture and a thief. That’s just about as bad as you can be called. And I am none of those. I’ve never been. I’m a lot of things. I’m not those. “My actions opened the door for me to be called publicly what I’m not. So my actions did that, yes.”
Now, the Judicial Hearing Board will issue a written recommendation to be forwarded to the West Virginia Supreme Court, which contains the Board’s determination about whether judicial ethics violations were proven by a standard of clear and convincing evidence, and if so, ultimately advising as to the Board’s recommended disciplinary sanctions, which ranges from admonishment to a fine to suspension to loss of his law license.
The State Supreme Court is free to adopt those recommendations, or to completely ignore them. However, in my experience, I believe it’s highly likely that the Supreme Court will defer to whatever findings of fact were contained in the written recommendation. If there’s a dispute regarding the underlying law, the Supreme Court is more likely to stray from the recommendation. In the case of Judge Williams, I’m not aware of there being much of a dispute of law – just disagreement about the level of culpability and appropriate punishment.
A West Virginia Circuit Court Judge was publicly admonished by the Judicial Investigation Commission for ordering the arrest of two correctional officers, who were transporting an inmate appearing before the Court. The two COs were arrested by sheriff’s deputies, for supposedly failing to obey a verbal order to transport an inmate to a different jail. The COs were then strip searched and incarcerated in their correctional officer uniforms. The Commission found probable cause that the Judge violated Rules 1.1, 1.2, 1.3, 2.2, 2.5(A) and 2.8(B) of the Code of Judicial Conduct. That includes, “compliance with the law,” ” confidence in the judiciary,” “avoiding abuse of the prestige of judicial office,” “impartiality and fairness,” “competence, diligence and cooperation,” and “decorum [and] demeanor….”
The inmate being transported by the officers had been involved in a physical altercation in jail prior to the transport. Upon seeing the inmates injuries, the judge ordered the two transporting officers to return the inmate to a different jail, rather than the one in which she was already incarcerated. One of the officers responded that he would have to call his supervisor first. The judge then “summarily ordered both of them taken into custody and incarcerated for civil contempt.” He then “ordered the prosecutor to ‘right quickly prepare an Order’ stating that the officers had ‘refused to abide by the court order.'” However, the officers never refused. One officer said nothing. The other never refused, but correctly responded that he would have to call his supervisor, according to state policy.
The officers were escorted from the courtroom, taken into custody and detained. They were required to surrender their weapons to deputies, permitted to call their supervisors and relay a situation report. They were then taken to the county holding facility. While there, the officers were subject to strip searches. Their badges, shoestrings, wallets and watches were confiscated. Following the strip searches, the officers were directed to put their uniforms back on and were told that they were going to be placed in uniform in a cell with six inmates. At some point during all of this, they were also handcuffed….
The Respondent Judge has 14 days after receipt of the public admonishment to file a written objection, in which case formal charges will be filed with the State Supreme Court.
You may recall the West Virginia judge who was featured in traffic stop body cam footage, which resulted in the filing of formal judicial disciplinary charges against him due to his behavior during and after the stop. That judicial disciplinary litigation is apparently ongoing, as it is being contested by the judge. But wait, there’s more…. Believe it or not, the same judge has now had a separate set of formal charges lodged against him by the West Virginia Judicial Investigation Commission. The new Formal Statement of Charges, filed on February 14, 2022, and just released today, contains allegations pertaining to, of all things, the Walmart self checkout process.
To refresh your recollection, the first set of charges were filed on October 25, 2021. After finding out about their existence, I served a FOIA request on the Moorefield Police Department, where the incident occurred, and requested the body cam footage referenced in the charges. I then posted the relevant footage on Youtube, of course, so that the public could see it, which is a necessary component of government accountability. That video, as of this time, has been viewed 270,108 times, has 5.2 thousand likes and 2,452 comments, mostly appearing to be in condemnation and disgust of the judge’s behavior.
The new formal statement of charges alleges that on August 18, 2021, Judge Williams “left the Moorefield Walmart without paying for ten or so items in his shopping cart.” Moorefield Police Chief Stephen Riggleman described the allegations in a police report, where he noted that he arrived at Walmart on September 13, 2021 on an unrelated call and was informed that there was another incident which needed investigating. The chief wrote that the asset protection officer at the store provided him with evidence involving Judge Williams:
[The asset protection associate] provided this officer with a training receipt and still photograph of an individual known to me as Charles “Carter” Williams. This officer then watched video surveillance footage of Williams utilizing a self-check out register where he was observed scanning, bagging and placing the bagged merchandise into his shopping cart.
Williams is then observed pushing his shopping cart out of the store without making any attempts to pay for the items.
Chief Riggleman then wrote in his report that he notified the Hardy County Prosecutor, Lucas See, and reported the incident, given the fact that the suspect was the local circuit court judge, who he noted was already under a judicial disciplinary investigation involving the body-cam incident with the Moorefield police officer. The chief then noted that he decided the best course of action would be to contact Judge Williams and “direct him to pay for the merchandise.” He lamented, however, that this wasn’t the first time:
It should also be noted that approximately one year ago a similar incident occurred with [Judge] Williams at the Moorefield Walmart where he and his wife had pushed out a substantial amount of merchandise without paying. It was determined that neither party realized that the other had not paid for the items.
In fact, as the statement of charges alleges, the shopping buggy pushed out of the Walmart in the earlier incident was “valued at approximately $300.00 and that another individual was with [Judge Williams] when the incident took place.”
Apparently the investigators were aware of the first Walmart mishap, and they asked him about it, during his sworn statement during the body-cam incident investigation. Contrary to evidence later obtained by investigators, the judge sort of laughed it off and said that it was an incident a couple years ago where he forgot to pay for $52.00 worth of goods and that his wife was not present, but that a lady he knew, who worked at Walmart, was present, and that the lady “still works there,” claiming that, “[w]e laugh about it.”
Investigators note in the new statement of charges that the county prosecutor, who initially reported the judge on the body-cam allegations, never disclosed to them that there was actually another Walmart allegation, occurring only three weeks before the judge provided them with a sworn statement about the first Walmart allegation and the body-cam incident allegation. They only found out about the August 18, 2021 Walmart incident after Chief Riggleman disclosed its existence on February 10, 2022.
It also appears that the judge failed to disclose the existence of the second Walmart incident to the appropriate authorities. Paragraphs 19 and 20 from the new charges are redacted, but they do state that the judge “also never disclosed the August 18, 2021 Walmart incident to [somebody]” who is unnamed, claiming that the judge was unaware of the August 18, 2021 allegations until the same day as his February 11, 2022 interview by judicial disciplinary investigators. In other words, nobody advised him that he had failed to pay for the merchandise.
But wait a minute…. The judge apparently claimed during his February 11, 2022 sworn statement that he had no idea that he had left Walmart on August 18, 2021 without paying for merchandise, and only discovered the existence of the allegations on the very day of his questioning by investigators on February 11, 2022. To the contrary however, other local officials say otherwise, for which there appears to be documentation.
Chief Riggleman noted in his September 13, 2021 report that he reviewed video footage of Judge Williams pushing unpaid merchandise in a cart to his vehicle at the Moorefield Walmart, and that he subsequently contacted Judge Williams directly and directed him to pay for the merchandise. Riggleman also wrote in his report that the county prosecutor called him on September 14, 2021 and advised him that he had received a call from Judge Williams advising that he wished to pay for the items; that it was an unintentional mistake. The chief’s report is corroborated by text messages between the judge and the prosecutor, which were obtained by judicial investigators, dated September 16 and 17, 2021 (clearly prior to February 11, 2022):
Judge: If you could get that amount from [the Walmart asset protection associate] tomorrow I’d really appreciate it. Thanks so much.
Prosecutor: Gotcha!! She was supposed to call me yesterday but I guess she forgot. I’ll take care of it first thing in the morning.
Prosecutor: $42.21. Do you want me to stop by your house and get a check?
Judge: I have Covide so I’ll put a check in an envelope on my wall there at my driveway. I’m in a hearing so I probably won’t have it there until around 12:30. If you could take it up there I’d really appreciate it.
Prosecutor: I can do that.
Judge: Ok. It may be in a zip lock bag. I’ll hand sanitize good before I handle any of that. Thanks a lot Lucas.
Prosecutor: No problem!!
The next day, the texts between the judge and the prosecutor continued, even discussing the name of the lady at Walmart. The prosecutor relates that the Walmart asset protection lady wanted to communicate to the judge that she doesn’t want the judge to be “mad at Walmart about it.”
Two sayings come to mind: “where there’s smoke, there’s fire;” and also, “sometimes the cover-up is worse than the crime.” Trial lawyers often leave the the most important question unasked at the end of an important line of questioning. Where the evidence is strong, one need not even ask the ultimate question, because the answer doesn’t matter. It’s obvious. The new statement of charges appears to establish that Judge Williams provided false testimony during his February 11, 2022 sworn statement, claiming to be unaware of the August, 2021 Walmart incident (as being the reason he failed to disclose it to investigators during questioning just three weeks afterwards, on October 6, 2021).
Numerous rules of the West Virginia Code of Judicial Conduct were alleged to have been violated, according to a unanimous vote of the Judicial Investigation Commission, which found probable cause. Judge Williams has been served with the charges and has a right to file responsive pleadings with the West Virginia Supreme Court within 30 days.
Recently the West Virginia Supreme Court of Appeals censured and fined West Virginia Family Court Judge Louise Goldston for searching the home of my client. That put an end to the judicial disciplinary proceedings over that issue. However, the federal civil rights lawsuit remains pending. Prior to the state supreme court opinion being released, Judge Goldston had filed a motion to dismiss in that case, asserting absolute judicial immunity, and we had filed our response brief, arguing essentially that judicial immunity did not apply because searching my client’s residence was not a “judicial act.”
On December 3, 2021, the federal court, sua sponte (on its own without request by a party), entered an order directing both my client and the defendant judge to file a supplemental brief opining whether the state supreme court opinion had an effect on the outcome of the federal court’s ruling, which has yet to come, those supplemental briefs being due this past Friday. Here’s the order:
Both parties filed responses on Friday afternoon, which will be posted below, in their entirety. What I think the Court was hopefully getting at, which we argued in our supplemental brief, is that the West Virginia Supreme Court opinion very well may be entirely dispositive of the main issues in the pending federal case. Why? Because Judge Goldston was the defendant in that underlying state case and had a full and fair opportunity at litigating all issues in that case. A federal court cannot thereafter rule differently. This would violate the Constitution, as we pointed out in our supplemental brief.
The West Virginia Supreme Court held conclusively that Judge Goldston was not performing a judicial act when she searched my client’s home on March 4, 2020, but rather was acting in a law enforcement executive capacity. The issue of whether the conduct complained of was a “judicial” act in nature is one of the requisites to get past absolute judicial immunity. Therefore, a federal court cannot subsequently issue a different ruling on the same issue against the same defendant. Moreover, the state supreme court also concluded under an even higher burden than a civil lawsuit requires (clear and convincing evidence) that Judge Goldston violated both the federal and state constitutions when she invaded the sanctity of my client’s home on that day. This arguably disposes of much of the civil case, by itself, assuming judicial immunity does not apply.
These are interesting and unusual issues. Thus, please feel free to read the supplemental brief I prepared. You can compare and contrast her response and reach your own conclusion. I’ll definitely provide an update once we receive the federal court’s ruling on this.
A West Virginia Circuit Court judge has been charged with violating the rules of judicial conduct after he verbally accosted a young police officer in his jurisdiction who had pulled him over for allegedly using his cell phone while driving and abusing his power. I obtained the raw body cam footage. This happened in Moorefield, West Virginia. During the stop, the judge calls the officer’s supervisor and allegedly attempts to stop the issuance of a ticket. After the stop he makes even more phone calls, and even shows up at the mayor’s house later that evening. He was investigated and charged by judicial disciplinary authorities.