In The Matter of: Judge William M. Watkins, III
233 W. Va. 170
| W. Va. | 2013Background
- Judge William M. Watkins, III, served as Putnam County family court judge since 2002; term ends 2016 after 2008 reelection.
- Starting 2011, Watkins faced numerous complaints consolidated into seven counts alleging 24 violations of the Code of Judicial Conduct.
- Watkins stipulated to the misconduct; Judicial Hearing Board held a hearing in 2012 and found 24 violations across nine Canons.
- Board recommended sanctions: 24 counts censured, suspended without pay until end of term 2016, and costs of proceedings.
- Court adopted the Board’s sanctions, rejecting Watkins’s constitutional challenge to the suspension as impermissible removal.
- The opinion discusses the Court’s authority under the WV Constitution to supervise and discipline judges and the difference between suspension and impeachment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a four-year suspension until the end of term is constitutional removal. | Watkins argues it amounts to impeachment/removal. | Court has power to suspend without removal. | Not removal; suspension permissible under constitutional authority. |
| Whether the Court may impose sanctions short of removal under Article VIII, §8. | Court is limited to temporary suspensions. | Court has explicit and inherent power to discipline. | Court may impose sanctions short of removal, including consecutive suspensions. |
| Whether the sanctions are warranted given the violations. | Violations were isolated, sanctions excessive. | Violations were serious, warranting Board-recommended sanctions. | Sanctions adopted; suspension and costs affirmed. |
Key Cases Cited
- In re Toler, 218 W.Va. 653 (2005) (authority to impose consecutive one-year suspensions for separate violations)
- West Virginia Judicial Inquiry Comm’n v. Dostert, 165 W.Va. 233 (1980) (clear-and-convincing standard for factual findings in discipline)
- In re Pauley, 173 W.Va. 228 (1983) (judicial discipline for intemperate language and conduct)
- Committee on Legal Ethics v. Karl, 192 W.Va. 23 (1994) (discipline of judges and lawyers; judges may be disciplined for same misconduct as lawyers)
- Matter of Sommerville, 178 W.Va. 694 (1987) (discipline for delays and misconduct; authority to sanction)