CHARLESTON – A Harrison County magistrate has been publicly admonished following an incident with teenagers at his home last year.
The state Judicial Investigation Commission issued the admonishment April 25 against Michael Weiss, who lives in the North View area of Clarksburg with his wife, adult son and daughter-in-law.
On October 16, 2021, someone knocked on the back door of the Weiss home about 9:30 p.m. and ran. Weiss’s wife only saw someone running away. Within an hour, someone again knocked on the back door. Weiss’s son then saw a male with a gray sweatshirt or backpack running away.
Weiss
Weiss said the second knock was so hard and loud he thought the person either broke the glass in the door or kicked the door in. He also said there had been an uptick in crime in the neighborhood, so he and his son went outside to investigate while his wife called 911.
Weiss and his son split up and walked the neighborhood. Weiss had a gun on his hip, concealed by his shirt, when he went out. A block away, four teens – two boys and two girls – were playing volleyball in a fenced yard. The ball was hit into an alley, and it rolled toward Weiss’s house.
One boy and one girl went to get the ball. The boy was wearing a gray sweatshirt. They passed Weiss’s son in the alley. When the man turned and followed the teens, they ran and screamed for help. While Weiss’s son chased them and told them to stop, the teens ran toward Weiss, who also yelled and told them to stop. He directed the teens to go to a nearby car, and he told them police were on the way.
The teens say Weiss pulled something out of his pocket. The teens later said it definitely was a gun, but Weiss said it only was his cell phone and that he did not remove his gun from under his shirt. The girl continued to scream.
“A neighbor who lives almost directly in front of where the incident was taking place came out of his house,” the admonishment states. “The neighbor told the teens to come to him, and they complied. Members of the neighbor’s family then escorted the teens to the house where they had been playing volleyball. Respondent and the neighbor then got into a heated argument. Respondent’s wife arrived at the scene and got into a loud argument with the neighbor’s wife.”
Clarksburg police officers then arrived, and two of the three were wearing bodycams. Video footage shows Weiss telling the neighbor, “You need to calm your ass down! I am a magistrate.” Weiss said he was a magistrate to diffuse the situation.
In the bodycam footage, Weiss also called the homeless in North View “shit bags.” He later admitted that was inappropriate. Weiss also told the officer that the neighbor’s wife “started running her mouth because she’s a woman.”
The next day, Weiss’s wife posted on a neighborhood Facebook page that the kids knocking on her door were caught and wouldn’t be doing it again. Several neighborhood members responded about the teens’ innocence and Weiss’s actions.
Weiss is one of several administrators/moderators of the Facebook page. In his sworn statement, Weiss admitted that position could lead people to think he was biased toward law enforcement.
On October 20, 2021, James Heslep, a parent of one of the teens, filed the JIC complaint against Weiss. The magistrate filed two replies and also gave a sworn statement in response.
Weiss had one previous ethics complaint related to a Facebook post he made in 2020. In it, he said if someone was cited for not wearing a mask and appeared before him in court, he would dismiss the citation because he th ought it was unconstitutional. It was dismissed with a warning.
In this latest incident, the JIC unanimously found probable cause that Weiss violated at least six rules of the Code of Judicial Conduct. Those were compliance with the law, confidence in the judiciary, avoiding abuse of the prestige of judicial office, decorum, demeanor and communication with jurors, judicial statements on pending and impending cases as well as extrajudicial activities in general.
The JIC said formal discipline wasn’t necessary as Weiss had no prior disciplinary actions.
“Respondent’s conduct following the arrival of police was inappropriate,” the admonishment states. “He swore, improperly invoked his position as a magistrate, made a demeaning stereotypical comment about the neighbor’s wife, created the appearance however wrong it may be that he was pro-prosecution/pro-law enforcement by denigrating the homeless and serving as an administrator for the North View Neighborhood Watch Facebook page.
“Lastly, the comments made by his wife which convicted the teen of knocking on the door when the only proof was that he was wearing a common colored gray sweatshirt was unseemly in light of the fact that people thought he was the one posting.”
Weiss has 14 days after receiving the admonishment to file a written objection. Otherwise, the formal charges will be filed with the state Supreme Court, according to the filing signed by JIC Vice Chairman F. Layton Cottrill.
Weiss was appointed to the position in March 2020 and elected in May 2020. He is a former law enforcement officer and served in the military.
Heslep told a local television statement his family was satisfied with the JIC admonishment. He also said Weiss should resign from the magistrate position.
“Our family has received and reviewed the Judicial Investigation Commission’s findings regarding Magistrate Weiss,” Heslep told WBOY TV. “We believe the findings of the JIC to be fair and accurate, and we are in complete agreement with the JIC that there are multiple, troubling violations of the law. …
While our son and his friends were the immediate victims of Magistrate Weiss, the findings of the JIC have raised our concerns for the community as a whole. The views that Magistrate Weiss voiced regarding women and the homeless lead us to doubt whether he should be adjudicating cases in Harrison County. We respectfully request that Magistrate Weiss resign his office immediately, and we would ask any organization representing the interests of women and the homeless in Harrison County to do the same.”
Judicial Investigation Commission complaint 112-2021
