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EYEWITNESS LOCAL NEWS
WILLIAM WATKINS UPDATEfrom Eyewitness News Online Embattled West Virginia Judge Contests Ethics Punishment Reported by:  Kallie CartWeb Producer: Jeff Morris Reported: Feb. 5, 2013 12:31 PM EST Updated: Feb. 6, 2013 9:22 AM EST
Charleston
, Kanawha County
, West Virginia
The states highest court will soon determine the fate of a family court judge from Putnam County. The Supreme Court heard arguments on Tuesday in the case against Judge William Watkins. The Judicial Hearing Board has recommended suspending Watkins for the rest of his term, but Watkins' attorney argues that's equivalent to judicial impeachment and is unconstitutional. Watkins is charged with seven counts of judicial misconduct, for dozens of alleged violations for delaying rulings, failing to file domestic violence orders and for outbursts in his courtroom where he would yell and curse at litigants. "I don't have a lot of sympathy based upon what I've seen for Judge Watkins and his mannerisms in the courtroom, let me be very clear about that," Justice Robin Jean Davis said. "But I hope we don't leave procedural due process and the Constitution outside of those doors when we come in here to argue." And that is the question, whether the discipline recommended by the Judicial Hearing Board is constitutional. The board recommended an unpaid suspension until the end of Watkins term in 2016. Prior to the Judicial Hearing Board hearing in November, both sides had agreed to a 90-day suspension but the board handed down the 4-year recommendation because of Watkins behavior during the hearing. "He flipped out, he turned around rocked his arms back and rocked in his seat and was confrontational and angry. That is sitting in the order of the hearing board," special judicial disciplinary counsel Rachael Cipoletti says. Cipoletti says the multi-year suspension is legal because each violation can carry a one year suspension that can run separately. But Watkins' attorney says the hearing board lumped them all together during his hearing and the discipline is unconstitutional. "They were going to slam him for these 33 violations for a determinate period for the rest of his term, they judicially impeached him," Watkins' attorney Bob Martin says. No word on when the Supreme Court will hand down its decision. A West Virginia judge alleges an ethics panel is illegally trying to remove him from office. The Judicial Hearing Board has asked the Supreme Court to suspend Putnam County Family Court Judge William Watkins until his term ends in December 2016. Watkins is accused of delaying rulings, failing to file domestic violence orders properly and screaming and cursing at litigants. That prompted the board to recommend four consecutive one-year suspensions. A disciplinary lawyer told the justices Tuesday that the evidence shows Watkins cannot change his improper behavior. But Watkins' lawyer argued that the proposed punishment amounts to impeachment. Only the Legislature has that power to remove a judge that way. The justices questioned why Watkins recently sought a disability retirement while also challenging the recommended sanctions. Copyright 2013 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. A West Virginia judge alleges an ethics panel is illegally trying to remove him from office. The Judicial Hearing Board asked the Supreme Court to suspend Putnam County Family Court Judge William Watkins for the rest of his term Tuesday. But Watkins' lawyer argued that he must be impeached before he can removed. Lawyer Robert Martin said the board lacks the power to impeach but is attempting as much by recommending the multi-year suspension. Watkins is accused of delaying rulings, failing to file domestic violence orders properly and screaming and cursing at litigants. That prompted the board to recommend consecutive one-year suspensions until his term ends after December 2016. A board lawyer said the evidence clearly supports the allegations. Lawyer Rachel Fletcher Cipoletti said consecutive suspension terms are also allowed. Copyright 2013 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. MORE NEWS FROM EYEWITNESS NEWS
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