CHARLESTON – The state Supreme Court has ordered a circuit judge be suspended without pay for six months, censured and fined who was accused of using his position as a judge following a traffic stop.
The court issued its opinion May 4 against Hardy Circuit Judge C. Carter Williams, who also left Walmart twice without paying for items.
The court fined Williams $5,000 and ordered him to pay most of the costs of the disciplinary proceeding. He also will be monitored for two years by the West Virginia Judges and Lawyers Assistance Program.
The West Virginia Judicial Hearing Board concluded that Respondent’s conduct violated multiple provisions of the Code of Judicial Conduct and the Rules of Professional Conduct and warrants suspension without pay for three months (in the form of a one-year suspension, with nine months stayed), and other sanctions.
The Judicial Disciplinary Counsel objected to the recommended sanction, saying the JHB should have found additional violations and the sanction is too lenient. Williams also objected, saying the JHB’s conclusions were not supported by clear and convincing evidence and that the JHB failed to give mitigating factors due consideration.
Last year, the state Judicial Hearing Board has recommended an unpaid suspension of at least three months, a $5,000 fine and a censure. It also says Williams should pay more than $11,000 more for costs concerning his case. In addition, it suggests the suspension be extended up to a year if Williams violates the terms of an agreement.
“This case is a textbook example of a judge’s violation of the Code of Judicial Conduct,” Michael Lorensen, chairman of the JHB and a circuit judge from Berkeley County, wrote in the recommended decision dated September 22.
The state Judicial Investigation Commission accused Williams of engaging in a pattern and practice of using his public office for private gain. That includes berating Moorefield Police Officer Deavonta Johnson, who stopped the judge on July 11, 2021, for having his cell phone in his hand while driving.
The JHB said there was no clear evidence of racism against Johnson or enough evidence to punish Williams for walking out of a Walmart without paying for his purchase.
And while Williams’ testimony about a medical condition that could have caused his behavior and his later statement of remorse, the board still found he had tried to use his position for personal gain.
“There is clear and convincing evidence that the respondent failed to act in a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary, and improperly made threats to use his power as a judge to retaliate for a traffic stop,” the JHB decision states. “There is clear and convincing evidence that the respondent invoked his judicial office in a manner that was less than patient, dignified and courteous with the traffic officer, the officer’s supervisor, the police chief, the former police chief and the mayor.”
According to the JIC’s formal statement of charges, Johnson said Williams was holding a cell phone in his right hand near the steering wheel while driving. Williams says he had just retrieved his cell phone from under his seat after dropping it, but Johnson says Williams was talking on the phone.
“Respondent immediately identified himself as ‘Judge Williams,’” the filing states. “From the outset, respondent acted in a manner unbecoming a judicial officer.
“Judge Williams asked in an angry tone why he had been stopped. Officer Johnson explained it was because respondent had a cell phone in his hand. Judge Williams stated that he lost his cell phone and had just pulled it up from under the seat when he was stopped.”
Johnson then asked Williams why he was yelling and twice asked to see Williams’ license, registration and insurance.
“Respondent said he did nothing wrong,” the filing states, noting Johnson asked a third time for Williams’ information. “I’m not going to give you my license and registration.”
Williams later acknowledged Johnson had reasonable suspicion to pull him over.
“And you all aren’t ever on yours?” Williams asked Johnson. “I drive by a lot of times and you all are on yours. You’re never on yours, right? … Let me tell you something, you all are on yours.”
Williams finally gave Johnson his license, registration and insurance, still “irritated” that he was pulled over “for no reason.” He also told the officer to give him a ticket so he could take it to municipal court and go to trial.
“Its ridiculous what you’re doing,” Williams told Johnson. “It’s ridiculous.”
Johnson asked Williams what was ridiculous.
“’Cause you all have yours in your hands,” he replied. “I’ve seen it many times. You all have yours and you don’t get pulled over. Don’t tell me it’s on official business. I hear your cases every day in court. … Give me a ticket. I am really irritated about this whole … give me a ticket.
“You just pulled me over for no reason. Pulled me over for no reason. Give me a ticket.”
Johnson then discovered Williams’ license had expired about three months prior on his 55th birthday.
Meanwhile, Williams called off-duty Moorefield Police Lt. Melody Burrows.
“Your boy pulled me over for being on my cell phone and I wasn’t on my cell phone!” he told Burrows before detailing his side of the story.
Burrows testified that she believed Williams called to stop the issuance of the ticket. Burrows did tell Johnson not to issue Williams a ticket. She also testified that Williams called Johnson, who is Black, “your boy” repeatedly during the call.
Johnson returned to Williams’ car and told him he wasn’t giving him a ticket.
“You can write me a ticket or not,” Williams said. “I don’t care. I’ll take it up to town and we’ll go to trial, buddy. That’s fine with me, and I’ll tell you what. The next time I see any of you on the phone I am stopping you right there and calling the State Police. Any of you. … I’ve seen this crap enough, and I’m tired of it.”
Williams then grabbed his license, registration and insurance out of Johnson’s hand before leaving without waiting for Johnson to release him.
Later that evening, Williams called Moorefield Police Chief Stephen Riggleman on his cell phone, again saying he had “just had words with one of your boys” before telling his version of the story. He also told the chief he was tired of being disrespected, that he planned to call the State Police if he say officers on their phones and that he could call the chief anytime he wanted. Riggleman told Williams not to call when he was home with his family before Williams hung up on the chief.
Also that evening, Williams called former Moorefield Police Chief Steve Reckart at home. The judge was critical of the Moorefield Police Department and Johnson. He also hinted that he might treat future cases involving the department differently.
Williams then called Burrows again, saying he was “sick and tired of Moorefield PD running around like a bunch of thugs, harassing innocent, hard-working people” and questioning whether “my boy” should even have a job in light of a May 2020 felony charge of wanton endangerment that later was dismissed without prejudice.
Williams also called fellow Circuit Judge Charles Carl that evening. Carl testified that Williams was “really intent on proving himself right.”
At 10 p.m. that evening, Williams visited Moorefield Mayor Carol Zuber’s home. During the 45-minute conversation, Williams said he wanted to file a complaint against Johnson and complained about the Moorefield PD and Johnson. He told her Johnson had pulled him over previously for running a stop sign but did not issue a ticket then either.
When the mayor said she’d look at Johnson’s body cam video the next day, Williams hung his head and disclosed that he had been an “asshole” during the stop.
The next day, Hardy County Prosecutor Lucas See watched the stop video as well. Unsure of how to proceed, See contacted retired Circuit Judge Donald Cookman, who previously served as chairman of the Judicial Investigation Commission.
Cookman told See to gather information, take it to Judge Carl and to contact the Office of Disciplinary Counsel to report the incident. After Williams talked to Carl and See, Williams said he wanted to report the incident himself. He did that on July 15.
Riggleman prepared a ticket charging Williams with improper use of a cell phone and driving without a valid license. He negotiated a plea deal with See to plead no contest to the driving without a valid license charge. In exchange, the cell phone charge would be dismissed without prejudice. Williams was ordered to pay $30 and court costs.
The JIC complaint also details other traffic stops involving Williams for expired registration and failure to wear a seatbelt. He wasn’t given a ticket during any of those stops, and the officers reported Williams’ demeanor was fine during those stops. It also says he was pulled over three different traffic violations from April to July 2021.
And last year, Williams was the subject of new disciplinary charges related to shoplifting items from the Moorefield Walmart.
According to the JIC’s Formal Statement of Charges, Williams left the Moorefield Walmart on August 18, 2021, without paying for 10 or so items in his cart. Williams told authorities it was a mistake, and he apparently later paid for the items.
But at least one similar incident had happened with him earlier at the same store on July 21, 2020, when Williams let without paying for items in his shopping cart.
Williams also testified that the allegations have damaged his reputation and hurt his family.
“So yes, my conduct is what it is. It’ll have to be up to someone else,” Williams said, referring to the hearing board. “But regardless of that and far beyond that, I’ve had to withstand this and be called a racist in this culture and a thief. That’s just about as bad as you can be called. And I am none of those. I’ve never been. I’m a lot of things. I’m not those.
“My actions opened the door for me to be called publicly what I’m not. So my actions did that, yes.”
After a long legal career that included time in private practice and with the state Attorney General’s office, Williams was elected to the circuit court in 2016. His eight-year term will be up in 2024.
The court notes Williams said his actions after being pulled over were a product of mental and emotional health issues he was battling at the time.
“Respondent likened himself to a powder keg that simply needed a bit of a spark to blow and observed that Officer Johnson happened to be on the receiving end of that,” the opinion states. “Respondent pleaded human circumstances but recognized that the issues he sought leave for in February 2020 had not resolved and had actually worsened in the aftermath of the brief closing of courts in response to COVID-19, adding a harrying caseload and serious adjustments to an already tenuous mental and emotional health situation.
“Respondent disclosed those issues to JDC in his self-report and agreed to undergo multi-disciplinary evaluation and treatment at Vanderbilt University … as part of his referral and participation in JLAP.”
According to the opinion, one of Williams’ doctors said he was “introspective” and trying to understand the “why” of his conduct when he was pulled over. It says another physician testified that Williams’ inability to regulate his reaction could have contributed to his behavior that night, explaining why he could not “let it go” despite the stop not even resulting in a ticket.
Williams also said a medication he was taking could have caused his reaction, but one of his doctors testified that it could have been the medicine or simply anger.
West Virginia Supreme Court of Appeals case number 21-0878, JIC complaint numbers 78-2021, 81-2021 and 12-2022
