If you didn’t know any better, you’d think modern day West Virginia was the Wild, Wild West.
In the last few months, three West Virginia judges have been admonished by the state Judicial Investigation Commission.
It’s almost as if they think having the title of judge means they can do whatever they want, so they take the law into their own hands. They seem to think the rules don’t apply to them.
Harrison County Magistrate Michael Weiss was admonished by the JIC after he and his son chased down some neighborhood teens after someone played Ding Dong Ditch twice at his Clarksburg area home. The teens allege Weiss even pulled a gun during the encounter, but he denies that.
The complaint also says police bodycam footage shows Weiss telling a neighbor who was trying to assist the teens, “You need to calm your ass down! I am a magistrate.” In addition, he called homeless people “shit bags,” and he said the neighbor “started running her mouth because she’s a woman.”
Then, McDowell Circuit Judge Rudolph J. Murensky II was admonished for holding two correctional officers in contempt, having them incarcerated and strip searched.
The two officers had transported a female inmate to Murensky’s courtroom. She had been beaten at the Southern Regional Jail. For the inmate’s safety, Murensky decided he wanted to send her to the Southwestern Regional Jail, and he had a transport order ready.
When Murensky asked the officers if that would be a problem, one said he would have to contact his supervisor and follow the chain of command.
That didn’t sit well with the judge, who ordered the officers to be taken into custody and charged with civil contempt.
Murensky later defended his actions, saying his “motive was pure.”
“I didn’t know the correctional officers,” he said. “My purpose was not to punish them but to compel compliance. If I have to have a Supreme Court admonishment to protect her (the inmate), then so be it.”
Then, there is Monongalia County Magistrate Phillip T. Gaujot, who the JIC says violated five rules in two separate complaints against him. Gaujot is the son of Monongalia Circuit Judge Phillip D. Gaujot.
In the first complaint, Gaujot was accused of making inappropriate comments to the media and used vulgarity to police officers in a case of a Westover man who had been charged with felony destruction of property for jumping on several police cruisers in November.
In the second complaint, Preston County Sheriff’s Captain Travis Tichnell investigated a single-vehicle crash that injured several children. The mother and another adult were charged with felony gross child neglect with risk of serious injury. When the mother was released from a Monongalia County hospital, she was brought to Gaujot for arraignment.
The Preston County Prosecuting Attorney requested a bond of $250,000, but Gaujot thought she should be given a personal recognizance bond. Tichnell was insistent Gaujot set the bond requested by the prosecutor, and he threatened to dismiss the charges to refile later if the PR bond was set.
In his sworn statement, Gaujot said Tichnell was emotional and wouldn’t let Gaujot speak. He said Tichnell’s tone, demands and threats were out of line. He did admit swearing at Tichnell and his conduct was inappropriate.
The JIC also said Gaujot admitted asking attorneys and bail bondsmen who regularly appear in his court to write letters of support on his behalf.
And don’t forget about other recent issues involving judges.
Hardy Circuit Judge C. Carter Williams has been accused of shoplifting at least twice from the local Walmart. He says it was a mistake, and he did pay for the items.
But, Williams also was accused of verbally accosting a Moorefield police officer who had pulled him over for allegedly using his cell phone while driving and abusing his power.
And don’t forget Raleigh County Family Court Judge Louise Goldston, who decided to conduct a search of a man’s home following a post-divorce contempt hearing.
The state Supreme Court censured Goldston and fined her $1,000 for her actions, which took place in early 2020.
It seems all of these judges would be wise to review the West Virginia Code of Judicial Conduct regularly.
If nothing else, they should heed the wise words "The People’s Court" host Doug Llewelyn, who reminded viewers this at the end of each episode from Judge Wapner’s courtroom: “Don’t take the law into your own hands.”