Judicial Inquiry and Review Commission of Virginia v. James Michael Shull

Summary

The Supreme Court of Virginia considered formal judicial-misconduct charges against James Michael Shull, a district court judge. The court addressed its authority to review the Commission's suspension procedures and independently evaluated alleged violations involving an ex parte communication, a courtroom coin toss, and the treatment of a litigant during a custody and protective-order hearing.

Holdings

1. The Supreme Court lacked constitutional or statutory authority to review the Commission's suspension-hearing procedures or its decision to continue Judge Shull's suspension, and therefore did not reach the merits of his due-process challenges to that proceeding.
2. The Commission proved by clear and convincing evidence that Judge Shull violated the Canons by twice tossing a coin in court to resolve a visitation dispute, initiating an improper ex parte telephone call concerning a disputed factual matter, and twice requiring Giza to lower her pants in court to display her wound.
3. Judge Shull's conduct constituted misconduct while in office and conduct prejudicial to the proper administration of justice.
4. Removal from office, rather than censure, was warranted.

Questions Presented

1. Whether the Supreme Court of Virginia had constitutional or statutory authority to review the Commission's procedures or decision concerning Judge Shull's temporary suspension.
2. Whether clear and convincing evidence established that Judge Shull violated the Canons of Judicial Conduct by twice tossing a coin to decide a visitation issue, initiating an ex parte telephone call concerning a disputed matter, and twice requiring an unrepresented litigant to lower her pants in court to display a wound.
3. Whether the established misconduct constituted misconduct in office and conduct prejudicial to the proper administration of justice requiring censure or removal.
4. Whether removal from office was the appropriate sanction.

Disposition

other