JUDGES

In the Matter of Robert Kelly Means, Family Law Master, Cabell County, No. 21793 (W. Va. November 23, 1994) (Miller, J.): 192 W.Va. 380, 452 S.E.2d 696:

In the Matter of June G. Browning, Magistrate, Mingo County, No. 21863 (W. Va. November 18, 1994) (Cleckley, J.): 192 W.Va. 231, 452 S.E.2d 34:

Imposing a public reprimand and $500 fine upon a magistrate for failing to assist a litigant who sought a domestic violence protective order, the Court held that (1) domestic violence cases must be given priority by the judiciary; (2) magistrates are statutorily required to provide individuals with assistance in completing petitions for domestic violence protective orders; (3) under no circumstances should an alleged victim of domestic violence be denied access to the courts by a judge or magistrate without ensuring that such victim receive prompt attention by another judge or magistrate; and (4) in determining whether to review a domestic violence petition, a judge or magistrate should consider whether the rule of necessity applies.

In the Matter of the Honorable John Hey, Judge of the Circuit Court of Kanawha County, No. 21676 (W. Va. November 18, 1994) (Cleckley, J.): 192 W.Va. 221, 452 S.E.2d 24:

Dismissing a judicial disciplinary complaint arising from a judge's public criticism of a member of the judicial investigation commission, the Court held that (1) where the state's interests in the ethical conduct of judges outweigh the judges' free speech interests, narrowly-tailored regulations will pass constitutional muster; (2) general prohibitions contained in the Code of Judicial Conduct may not be used to punish judges for public remarks that neither concern a pending or impending matter nor violate another specific provision of the Code or law; and (3) a judge may not be disciplined consistent with the first amendment for remarks criticizing a member of the judicial investigation commission who participated in his or her case and stating an intent to take some reactive and lawful measure against the member.

Committee on Legal Ethics of The West Virginia State Bar v. Mark A. Karl, a member of The West Virginia State Bar, No. 22172 (W. Va. July 20, 1994) (McHugh, J.): 192 W.Va. 23, 449 S.E.2d 277:

Imposing a three-month suspension without pay on a circuit judge for unethical conduct committed by the judge while a lawyer prior to his election to the bench, the Court held (1) the Supreme Court of Appeals has the inherent and express authority under W. Va. Const. art. VIII, § 8 to "prescribe, adopt, promulgate and amend rules prescribing a judicial code of ethics, and a code of regulations and standards of conduct and performances for justices, judges and magistrates, along with sanctions and penalties for any violation thereof" and (2) because a lawyer must be an inactive member of The West Virginia State Bar when he or she becomes a judge, a lawyer whose license to practice law has been suspended is not qualified to hold judicial office during the period of suspension.

State of West Virginia ex rel. Eustace Brown, Derek Johnson, Vincent Nelson, and Donnie Smalls v. Jerry Dietrick, Administrator, Eastern Regional Jail, and the Honorable Gail Boober, Jefferson County Magistrate, No. 21904 (W. Va. April 20, 1994) (Miller, J): 191 W.Va. 169, 444 S.E.2d 47:

Reversing a decision that a magistrate was per se disqualified from issuing any warrants sought by officers of a municipal police force for which her husband was chief, the Court held (1) the fact that a magistrate's spouse is chief of police of a small municipal police agency does not automatically disqualify the magistrate, who is otherwise neutral and detached, from issuing a warrant sought by another member of such police force; (2) the rule of necessity is an exception to the general admonition in Canon 3E(1) of the Code of Judicial Conduct that a judge should disqualify himself or herself in a proceeding in which his or her impartiality might reasonably be questioned, allowing a judge who is otherwise disqualified to preside if there is no provision for another judge to hear the matter; and (3) the rule of necessity is to be strictly construed and applied only where there is no other judge having jurisdiction to hear the matter who can be brought in to hear it.

In the Matter of the Honorable George W. Hill, Jr., Judge of the Circuit Court of Wood County, No. 21500 (W. Va. October 25, 1993) (Brotherton, J.): 190 W.Va. 165, 437 S.E.2d 738:

Dismissing a disciplinary complaint against a judge arising from his endorsement of a fellow candidate for circuit judge on the ground that the Judicial Code of Ethics, at the time of the endorsement, did not prohibit endorsement of candidates by judges who were also candidates at the time of the endorsement, the Court nevertheless held that Canon 5A(1)(b) of the recently adopted Code of Judicial Conduct, effective January 1, 1993, clearly provides that a judge or a candidate for election or appointment to judicial office shall not publicly endorse or publicly oppose another candidate for public office.

In the Matter of John Hey, Judge of the Thirteenth Judicial Circuit, No. 19770 (W. Va. December 17, 1992) (McHugh, C.J.): 188 W.Va. 545, 425 S.E.2d 221:

Imposing a public censure on a judge who commented on national television regarding the morality of a litigant during the pendency of a prohibition proceeding which challenged his ruling to leave her lover or lose custody of her child, the Court held that a judge's public statements, subject to disciplinary review under Canon 3A(6) of the Judicial Code of Ethics, include statements made as a part of the judge's official duties, statements related to a judge's official duties, and statements which are sought or given because of the judge's official position. With respect to the res judicata effect of recommendations of the Judicial Hearing Board, relevant in this case because of the pendency of a defamation against the judge, the Court held that, because of the Board's limited adjudicative authority, its decisions are not to be given res judicata effect.

In the Matter of J. Ned Grubb, Judge of the Circuit Court of Logan County, No. 20978 (W. Va. May 7, 1992) (McHugh, C.J.): 187 W.Va. 228, 417 S.E.2d 919:

Suspending a judge without pay following his indictment for bribery, mail fraud, conspiracy, witness tampering, and obstruction of justice, the Court held that it may suspend a judge who has been indicted for or convicted of serious crimes, without pay, pending final disposition of the criminal charges or judicial disciplinary proceedings arising from such charges.

In the Matter of Tod J. Kaufman, Judge of the Circuit Court of Kanawha County, No. 20107 (W. Va. April 2, 1992) (Brotherton, J.): 187 W.Va. 166, 416 S.E.2d 480:

Admonishing a judge who personally contacted the president of a local hospital to complain about the actions of its attorney, the Court held that ex parte communications by a judge, unless as authorized by law, are strictly prohibited by Canon 3A(4) of the Judicial Ethics, and a judge should not initiate a telephone conversation with a party to a pending or impending proceeding who is represented by counsel.

William B. Carey v. Pierre E. Dostert, No. 19714 (W. Va. May 24, 1991) (O'Hanlon, J.): 185 W.Va. 247, 406 S.E.2d 678:

Directing dismissal of an action brought by an attorney against a judge who responded to a litigant's ex parte complaint regarding a contingency fee contract by (1) issuing a rule to show cause against the attorney why he should not be held in violation of the Code of Professional Responsibility, and (2) permitting the release of the order to the local newspaper, which immediately published an article based solely on the order, prior to notifying the attorney, the Court held that (1) judges are absolutely immune from civil liability for actions taken in the exercise of their judicial duties, and (2) judges who, in their judicial capacity, provide public record information, do not thereby waive their judicial immunity.

Sam R. Harshbarger v. Glen B. Gainer, Auditor, No. 19713 (W. Va. January 22, 1991) (Wilson, J.): 184 W.Va. 656, 403 S.E.2d 399:

Overruling the "lavish expansion of the judicial retirement system" in In re Dostert, 174 W.Va. 258, 324 S.E.2d 402 (1984), in "each and every regard," except to the extent of allowing two widows to retain benefits obtained pursuant to its holdings, the Court held that "no rights, privileges or benefits created thereunder shall inure to any person who is not currently receiving benefits," including a former justice of the supreme court who applied for, but was denied benefits, prior to application by the two widows.

In the Matter of L. D. Egnor, Jr., Judge of the Sixth Judicial Circuit, No. 19619 (W. Va. December 11, 1991) (Workman, J.): 186 W.Va. 291, 412 S.E.2d 485:

Dismissing an ethics complaint against a judge who appointed a special master to investigate allegations of impropriety at a juvenile detention facility after its directors refused to terminate the employment of its executive director, Court held that custodians of juveniles detained by court order must be held to a high standard of responsibility to protect those entrusted to their care, and the judge by whose hand such juveniles are detained has an inherent right to ensure their safety and well-being.

Judith R. v. Honorable John Hey, Judge of the Circuit Court of Kanawha County, No. 19212 (W. Va. July 26, 1990) (Workman, J.): 185 W.Va. 117, 405 S.E.2d 447:

Where a circuit judge commented adversely on national television regarding the morality of a litigant in a pending case and joined in a response filed by the opposing party that asserted fraudulent and illegal conduct by the litigant, the Court determined that such judge demonstrated bias and prejudice against the litigant and was, therefore, precluded from presiding over the case upon remand.

In the Matter of Ronald L. Crislip, Magistrate, No. 19028 (W. Va. March 9, 1990) (Miller, J.): 182 W.Va. 627, 391 S.E.2d 84:

Where a magistrate engaged in a pattern and practice of violating well-settled statutory and administrative procedures, including the ex parte dismissal of several civil and criminal actions without statutory authority or good cause, the Court imposed a thirty day suspension without pay, holding that violation of court rules or related administrative procedures may result disciplinary action.

State ex rel. Jay Montgomery Brown, Prosecuting Attorney of Marion County v. Hon. Rodney B. Merrifield, Judge of the Circuit Court of Marion County, and Frank C. Mascara, Special Prosecuting Attorney of Marion County, No. 19361 (W. Va. January 25, 1990) (Neely, C.J.): 182 W.Va. 519, 389 S.E.2d 484:

Where a circuit judge, who suspected financial irregularities in the handling of certain funds by the elected prosecutor, caused to have initiated an audit of such prosecutor's financial records by the state tax department, and then appointed a special prosecutor to ostensibly present evidence secured by such audit to a grand jury, the Court held such appointment improper, stating that, "A judge may not both initiate an investigation and then enter dispositive judicial orders in furtherance of that investigation, nor may he appear to do so." The proper procedure, held the Court, would have been for the circuit judge to file a motion to disqualify the elected prosecutor and to appoint a special prosecutor with the chief judge of the circuit or with the Chief Justice of the Supreme Court of Appeals.

In the Matter of: David R. Karr, Candidate for Judge of the Fifth Judicial Circuit, No. 18923 and In the Matter of: Charles E. McCarty, Judge of the Fifth Judicial Circuit, No. 19120 (W. Va. November 20, 1989) (McHugh, J.): 182 W.Va. 221, 387 S.E.2d 126:

Where respondents failed to establish committees for Solicitation and acceptance of campaign funds during primary, the Court administered admonishments, holding that personal solicitation or acceptance of campaign contributions, without benefit of a proper committee, violates Canon 7B(2) of the Judicial Code of Ethics.

In the Matter of Robert E. Baughman, Magistrate, No. 18922 (W. Va. October 19, 1989) (Neely, J.): 182 W.Va. 55, 385 S.E.2d 910:

Where an on-duty magistrate called a fellow off-duty magistrate to handle a request for the issuance of a warrant on behalf of the on-duty magistrate's daughter, who was having a dispute with her ex-husband, the Court held that a judicial officer who responds to a family member's request for assistance must proceed with caution in view of the dignity and authority of his or her office. In affirming the Hearing Board's recommendation of dismissal of the complaint, the Court further held that it will generally defer to the factual findings of the Board unless there was some irregularity in the proceedings or the misconduct charged was especially serious.