CHARLESTON – A Texas attorney who says a judge pulled a gun on her in court last year has been cleared of any wrongdoing in a matter that went to the state Office of Lawyer Disciplinary Counsel because of a “logistical mistake.”
The Investigative Panel of the state Lawyer Disciplinary Board closed a complaint June 6 against Lauren Varnado in June after a report was filed against her in early 2021.
Varnado, a managing partner for Michelman & Robinson in Houston, was representing EQT Production Company in a case before Third Circuit Judge Timothy Sweeney. On January 15, 2021, Jennifer J. Hicks, local counsel for EQT, filed a motion to disqualify Sweeney from the case because they said he had active mineral leases and could receive royalties from them.
Sweeney declined to recuse himself and sent a letter to the state Supreme Court on January 22, 2021, saying the requisite verified certificates of counsel were executed by Varnado, who at the time was no licensed to practice law in West Virginia. He called the motions fatally defective, and he also said Varnado and the other defendants had passed the 30-day time limit to assert such grounds for disqualification.
A subsequent filing by Varnado, through counsel, said the issue arose from a “logistical mistake that resulted in Varnado’s accidental execution of two ‘Verification of County’ documents attached to identical Motions or Disqualifications of Judge Timothy Sweeney. The filing said those motions and related filings were signed and filed by Hicks, who works for Babst Calland Clements and Zomnir in Charleston.
Once realizing the inadvertent verification errors, Varnado said the issue was immediately corrected. Hicks then executed new verifications and amended the motions within the allotted “safe harbor” timeframe. Sweeney later granted Varnado’s pro hac vice motion to practice in the state.
Varnado also said EQT attorneys first learned of potential judicial conflicts in several royalties cases in late 2020. On October 29, 2020, another circuit judge asked the state Supreme Court to rule on him presiding over EQT cases because he and his wife owned oil and gas interests. That judge voluntarily disqualified himself.
On April 12, 2021, Sweeney granted EQT’s disqualification motion, and the cases were reassigned to another judge.
In the statement closing the matter against Varnado, Investigative Panel Chairwoman Tish Chafin reminds Varnado “to be mindful of her obligation to adhere to the rules regarding the practice of law and is cautioned that her failure to do so in the future may result in disciplinary action.”
The closing document says no further action is warranted in the case, and the matter is closed.
Earlier this year, the state Supreme Court annulled the law license of former circuit judge David W. Hummel Jr., who displayed a gun in court last year during a hearing that included Varnado as a defense attorney. Hummel resigned from his position as Second Circuit judge in November. He also agreed to never seek judicial office in the state again.
According to a recent story on lawdragon.com, Varnado is fighting for reform in the judicial recusal process.
Lawyer Disciplinary Counsel I.D. number 21-03-065