In the Matter of: Judge William M. Watkins, III

Summary

The Supreme Court of Appeals of West Virginia reviewed disciplinary proceedings against Putnam County Family Court Judge William M. Watkins, III. The court held that it had constitutional and inherent authority to impose disciplinary sanctions short of impeachment, including a suspension without pay extending through the remainder of the judge’s term. The court adopted the Judicial Hearing Board’s recommended sanctions, including censure for 24 violations, suspension through December 31, 2016, and payment of proceeding costs.

Holdings

1. The Supreme Court of Appeals may impose a suspension without pay extending through the remainder of a judge's current term; such a suspension is not constitutionally equivalent to impeachment and removal.
2. The Supreme Court of Appeals has inherent and express constitutional authority to inquire into the conduct of judges and impose any disciplinary measure short of impeachment that is necessary to preserve and enhance public confidence in the judiciary.
3. In a judicial disciplinary proceeding requiring clear and convincing proof, stipulated facts are treated as proven by clear and convincing evidence.
4. The appropriate sanctions were censure on each of the twenty-four violations, suspension without pay through December 31, 2016, and payment of the costs of the investigation and prosecution.

Questions Presented

1. Whether the Supreme Court of Appeals of West Virginia had constitutional authority to suspend a family court judge without pay until the end of the judge's current term.
2. Whether a suspension lasting through the remainder of a judge's term is constitutionally equivalent to impeachment and removal, which the West Virginia Constitution reserves to the Legislature.
3. Whether the stipulated misconduct and the Judicial Hearing Board's findings supported censure, suspension without pay, and assessment of proceeding costs.

Disposition

other