CHARLESTON – The attorney who says a circuit court judge pulled a gun out during a hearing says she is relieved he has resigned.
Second Circuit Judge David W. Hummel Jr. submitted his resignation letter November 23 to Gov. Jim Justice and West Virginia Supreme Court Chief Justice John Hutchison. In March, attorney Lauren Varnado says Hummel displayed a gun during a hearing and threatened her and other attorneys representing EQT in a royalties case.
Varnado is the managing partner for Michelman & Robinson in Houston.
Varnado
“The only thing necessary for the triumph of evil is for good people to do nothing,” Varnado said in a statement provided to The West Virginia Record. “Here, the good people of West Virginia did something. After our story went public, they called, emailed and filed their own reports with state investigators about Judge Hummel.
“Judge Hummel's resignation is a testament not to the power of one voice, but to the power of many, unified voices, in effecting change. Thank you to the West Virginia Judicial Investigation Commission for their diligent investigation and to local journalists like … The West Virginia Record for bravely reporting the truth.”
Circuit Judge Jeffrey Cramer originally had been assigned to the case, but he recused himself because of personal connections to the leases. When it was assigned to Hummel, Varnado said her team did a background check on Hummel and found similar conflicts of interest.
When she asked Hummel to recuse himself as well, the matter ended up at the state Supreme Court. That motion was denied, and Hummel stayed on the case.
The video of the March 12 hearing, obtained through a Freedom of Information Act request by The Record, shows Hummel placing his gun on the bench shortly after the hearing began. About 10 minutes later, he lifts up the gun and shows it to defense attorneys Lauren Varnado, David Dehoney and Jennifer Hicks before placing it back on the bench.
The Daily Beast shared a portion of the video as well with its story about the footage.
In a letter to Varnado, Wetzel County Prosecuting Attorney Timothy Haught said he had reviewed the video and sees no criminal wrongdoing.
“What I saw on the video tape was Judge Hummel displaying his firearm for a few seconds. It did not appear to me that he pointed his firearm at you or threatened you with the same during that time,” Haught wrote to Varnado on July 25.
In a follow-up letter on August 9, Haught reiterated that point.
“I have reviewed the courtroom video and the audio and the official transcript maintained by Judge Hummel’s Court Reporter, Holly Kocher, and do not find anything that constitutes a violation of West Virginia's Criminal Code,” Haught wrote. “I did not see him or hear him threaten you, nor did I see him point the firearm at you.”
During a rare Saturday hearing on March 12 in Wetzel Circuit Court, Varnado said Hummel pulled a gun during the hearing and pointed it at her and her co-counsel. Since the story broke, it has received national and international attention. And other stories about Hummel have come to light, including him accusing children of lying in a neglect case while chastising the mother in court proceedings and how he might have violated state law in obtaining oil and gas interests.
In one of his letters to Varnado, Haught also confirmed the FBI is investigating the matter. The state Judicial Investigation Commission also reportedly is looking into the Hummel matter, but it will not confirm such an investigation.
West Virginia law permits a judge to carry a gun in his or her own courtroom. It does not address whether the judge can pull out or brandish the gun.
In his July 25 letter, Haught notes that the criminal misdemeanor offense of brandishing requires the display and use of a firearm in such a manner as to threaten a breach of the peace. There also is a one-year statute of limitations for filing charges.
Haught also tells Varnado he would appoint a special prosecutor to handle the matter if she does file a complaint.
“As Judge Hummel is a Circuit Court Judge for Wetzel County and I am an officers of his court and routinely appear before him, I do not feel it is appropriate for me to investigate or make prosecutorial decisions regarding this matter,” Haught wrote. “In the event you are alleging criminal conduct by Judge Hummel, I feel it would be appropriate for a special prosecutor to be appointed to make those decisions.”
Haught told The Record he hasn’t received a complaint from Varnado about Hummel.
“I can’t really release anything more unless it’s subject to FOIA disclosure,” Haught said. “My letters (to Varnado) stand for themselves.”
According to The Daily Beast, Hummel first denied having a gun that day in court.
“There is no incident,” he said in March. “I absolutely, categorically deny I had a gun that day in the courtroom. It was just me and the attorneys. I had no reason to have a firearm that day. … I’ve never shown a gun in my courtroom to anybody.
“I don’t want them to know that I have it. I do not display my firearm at any time during trial. … My job is not to protect anyone with firearms. That’s what my bailiffs and deputy sheriffs are for.”
This summer, Hummel asked the state Supreme Court to voluntarily recuse himself from hearing any cases involving EQT.
“At this time, I find myself adverse to EQT entities and/or affiliates as a result of matters of national/international attention,” Hummel said in his request. “If you would be so kind as to appoint another Circuit Court Judge to preside over this instant litigation, I will be most appreciative.”
As Hummel noted in the request, fellow Second Circuit Judge Jeffrey Cramer previously had recused himself from hearing EQT cases. Hummel and Cramer are the only judges in the Second Circuit, which includes Marshall, Wetzel and Tyler counties. Judges in West Virginia now are non-partisan, but Hummel ran as a Democrat when he first sought the seat in 2008.
Hummel is the focus of a state Judicial Investigation Commission investigation. Even though the JIC can't confirm or deny the existence of such a probe, JIC Chief Counsel Teresa Tarr told The Record complaints and investigations are confidential unless the JIC issues formal charges or an admonishment.
Also, Rule 2.2 of the state Rules of Judicial Disciplinary Procedure states, "The resignation of a judge shall not relieve the obligation of the Office of Disciplinary Counsel to investigate a complaint that the judge violated the Code of Judicial Conduct and to fully proceed in accordance with these rules."