Court: West Virginia Supreme Court; October 31, 1993; West Virginia; State Supreme Court
The Court reviewed a disciplinary proceeding against M. L. Twyman, a Magistrate for Marion County, West Virginia, initiated by the Judicial Investigation Commission. The Commission filed a complaint with the West Virginia Judicial Hearing Board, alleging violations of the Judicial Code of Ethics, specifically Canon 3A(1), (5), and Canon 3B(1), (2). After a hearing, the Board recommended dismissing the complaint, which the Court adopted.
During the period from April 1990 to November 1991, Marion County operated with only three magistrates due to the absence and subsequent death of a fourth magistrate, Ronald Crislip, resulting in a backlog of cases. The charges against Twyman stemmed from a criminal case involving Raymond McIntire, who had obtained a warrant against Byron Dunsler in November 1991. The case was assigned to Twyman, who was required to conduct the hearing within specific timeframes to avoid dismissal.
Despite Mr. McIntire's efforts to schedule the hearing, it was postponed multiple times without proper notification to the parties involved. The hearing finally occurred on September 9, 1992, at which the defense filed a motion to dismiss due to the lack of a timely hearing, leading to the dismissal of the case. Subsequently, McIntire filed a complaint against Twyman, prompting the Commission to investigate and find probable cause to charge her with ethical violations. The judicial duties of a judge were emphasized, highlighting their precedence over other activities. Ultimately, the Court ordered the complaint against Twyman to be dismissed.
Key standards for judges include adherence to the law, maintaining professional competence, and not being influenced by external pressures. Judges are also expected to manage court business promptly and fulfill administrative responsibilities diligently, ensuring their staff meets the same standards. A hearing on the charges against Magistrate Twyman occurred on May 21, 1993, leading to the Board's findings submitted on July 6, 1993. The Board determined that due to an overload in the Marion County Magistrate Court, Twyman did not breach the Judicial Code of Ethics, recommending dismissal of the complaint.
Judicial disciplinary complaints must be proven by clear and convincing evidence, as established in prior case law. In evaluating Twyman's case, the Court found the delays in the criminal case of State ex rel. Raymond McIntire v. Byron Dunsler justified, given the unusual workload from the absence of a magistrate. Although the Commission argued that the delays prevented McIntire from his day in court, the Court noted that the hearing was within the one-year limit mandated by law, and the assistant prosecuting attorney did not object to the case's dismissal.
The Court concluded that there was no evidence of intentional delay by Twyman and accepted the Judicial Hearing Board's recommendation to dismiss the complaint. The previous Judicial Code of Ethics was replaced by the Code of Judicial Conduct effective January 1, 1993.
