CHARLESTON – The circuit court judge facing scrutiny for pointing a gun at an attorney during an oil and gas royalties hearing has oil and gas interests, which seem to be a violation of state code.
According to court documents, Circuit Judge David Hummel and his brother were conveyed interest by his parents to property in Marshall County in 2009. His parents had obtained the oil and gas rights via a tax deed in 2005.
In 2003, the Marshall County Sheriff’s Department sold the tax liens to the land to Hummel’s parents for $2,039.62. The land, which seems to be roughly 11.5 acres, had been returned delinquent in the name of the estate of T.F.D. James, who was Hummel’s great grandfather.
Varnado
But, the transaction might have violated state code. Hummel’s parents obtained the oil and gas rights by tax sale deed while Hummel was a Marshall County Assistant Prosecutor. According to West Virginia Code section 11A-3-49, it is illegal for a purchaser of such real estate if they were serving in one of several county officer roles, including court officials.
The code expressly prohibits court officials from obtaining rights to minerals from tax deeds, which is what Hummel did via his parents. Hummel was first elected as a circuit judge in 2008.
“Any such person or officer so purchasing shall for each offense forfeit $1,000, to be collected as other forfeitures are collected,” the law states. “The sale of any real estate, or the conveyance of such real estate by tax deed, to one of the persons or officers named in this section shall be voidable at the instance of any person having the right to redeem until such real estate reaches the hands of a bona fide purchaser.”
The attorney who Hummel pulled the gun on in court earlier this year actually had filed a motion asking Hummel to recuse himself from the case because of this conflict. Hummel declined, and the matter eventually went to the state Supreme Court, which allowed Hummel to remain on the case.
Lauren Varnado, the attorney who literally was in Hummel’s crosshairs, said she still is traumatized by the gun incident. She also said the case originally was assigned to another judge, but he recused himself because of the same issues.
“I hope he (Hummel) gets help,” Varnado told The West Virginia Record. “He mentioned our motion to disqualify in just about every proceeding during the case.”
Varnado said the issue isn’t so much that Hummel owned the oil and gas rights. It’s that he didn’t disclose them.
“There’s nothing wrong with owning oil and gas,” she told the National Law Journal in a story posted July 20. “Full disclosure takes the sting out of it.
“I don’t have concerns about your ability to preside as long as you put it out there.”
Hummel also recently was the subject of a state Supreme Court ruling in which he was criticized for calling two children and the mother liars during court proceedings. His ruling in that case was vacated, and it was remanded back to circuit court to be heard by another judge.