Update on the Family Court Judge Search Case Litigation

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.

Here’s the underlying West Virginia Supreme Court opinion.

Body Cam shows Judge flip out at Traffic Stop – now charged with abusing authority

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.

Here’s the body cam footage:

Here’s the Statement of Charges:

Here’s a media report from the West Virginia Record detailing the matter: https://wvrecord.com/stories/611358165-circuit-judge-charged-with-verbally-attacking-officer-after-traffic-stop-abusing-his-power

Report: Family Court Judge Made Improper and False Allegations

We recently obtained a report from the West Virginia Office of Disciplinary Counsel which found that a West Virginia Family Court Judge made improper and false allegations about the judicial disciplinary prosecutors who have been prosecuting a fellow Family Court Judge, Louise Goldston. The report concluded, in part:

It is shocking that a long-standing member of the judiciary bestowed with the honor of being part of the system designed to protect and preserve the integrity of the judicial system would make such baseless accusations designed to solely to impugn the integrity of two members of the West Virginia State Bar. It does not appear that FCJ (Family Court Judge) Stotler conducted any factual investigation into the allegations regarding JDC (Judicial Disciplinary Counsel) before regurgitating the untimely, unsupported allegations made by FCJ (Family Court Judge) Goldston and sending an ex parte communication, written on his official court letterhead, to the Supreme Court. Additionally, the Judicial Branch of government has the exclusive authority to regulate the practice of law in the State of West Virginia, but FCJ Stotler’s letter was also sent to members of the Legislature….

The law is not an arena where we vilify civility, curse through preparation, and denigrate skilled, zealous advocacy.

The ODC investigation commenced after a sitting Family Court Judge, Judge Glen R. Stotler, of the 23rd Family Court Circuit (Hampshire, Mineral and Morgan Counties), also a member of the Judicial Hearing Board that heard the Goldston case, sent a March 25, 2021 letter (on his official court letterhead) to the Chief Justice of the WV Supreme Court, making numerous allegations against the judicial prosecutors in regards to their handling of the Goldston case, and ultimately requesting an investigation into their actions, as well as their termination, “or at the least a serious reprimand.” Here’s a partial shot of the three-page letter:

Not only did he send the letter to the Supreme Court, but he sent it to the Senate Judiciary Committee Chairman, the House Judiciary Committee Chairman, the Court’s administrative office, as well as to the President of the Family Court Judicial Association, Deanna R. Rock, another sitting Family Court Judge.

Here’s the ODC investigation report in its entirety, which details the entire ordeal up to that point, including a discussion of some of the sworn statements taken of the judges involved. It also gives a rare behind-the-scenes look at the judicial disciplinary prosecution procedures, which are usually confidential:

Shockingly, on the same day as this ODC report was issued – May 13, 2021 – the Family Court Judicial Association apparently helped Judge Stotler double-down, by essentially turning his letter into a “Resolution” adopted by the entire Family Court Judicial Association, again making allegations against the JDC and calling for their termination. It’s my understanding that this “Resolution” was effectively sent back by the Supreme Court Clerk’s office as inappropriate. They later retained a lawyer and filed an amicus brief in the Goldston case, which is set for oral arguments next month. Here’s the Resolution:

Perhaps they should have waited maybe one more day to issue their Resolution, since unbeknownst to them, apparently, the Office of Disciplinary Counsel on that same day issued this lengthy report revealing Judge Stotler’s allegations as false, outrageous and highly inappropriate. The ODC report documented that the judicial disciplinary prosecutors were falsely accused, and that perhaps the accuser(s) might want to examine their own misconduct:

The former chair of the JIC (Judicial Investigation Commission) stated he could speak to the abilities and character of Respondent Tarr and Respondent Lanham. He stated as attorneys representing the JIC they have exceedingly difficult jobs as they must not only know the judicial canons but act fearlessly in doing those things as required by their jobs as JDC. The former Chair of the JIC stated that FCJ Stotler’s March 2021 letter demonstrates both an ignorance of the system and a willingness to respond to adverse decisions in an irresponsible manner. The former Chair further opined that the reckless letter required FCJ Stotler’s removal from further service on the Judicial Hearing Board.

Now, an entire body of Family Court Judges have made the same false allegations and requests. Numerous sitting Family Court Judges out there have apparently now engaged in what is described in the report as acting in an ignorant and irresponsible manner, and which raises a serious question as to their fitness to serve in a judicial capacity. But who are they, specifically? They’re hiding behind their supposedly private “Association.” The ODC report, if you read through it, mentions the involvement of then-President of the Family Court Judicial Association, Deanna R. Rock. In fact, it mentions that she apparently assisted Judge Stotler in preparing the letter with the false allegations.

Judge Rock, along with another Family Court Judge, also apparently assisted Judge Goldston with her brief, which included the false statements about the judicial prosecutors:

Did it ever seem like a good idea to get involved in a disciplinary prosecution of a fellow judge and attempt to have the prosecutors fired? What are the potential remedies? Judicial disciplinary complaints? Impeachment proceedings? If Judge Stotler isn’t fit to preside over a judicial disciplinary hearing, then is he, or others who joined him, fit to preside over cases involving people’s children and finances? These questions need to be asked, and there may be some news on that front in the near future.

We have several pending FOIA requests pertaining to this, and hopefully will have more information soon. Meanwhile, the federal civil rights lawsuit against Judge Goldston, and others, remains pending. Read more about the background of this case here: