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Introduced Version House Resolution 6 History

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HOUSE RESOLUTION 6

(By Delegates Foster, Brooks, Ridenour, Crouse, Steele, Longanacre, Phillips, Maynor, Hanshaw (Mr. Speaker), Dean and Dillon)

January 23, 2023
Referred to the Committee on the Judiciary
and then Committee on Rules

 

Relating to empowering the House Committee on the Judiciary to investigate allegations of impeachable offenses against Louise E. Goldston, Judge of the Family Court of the 13th Circuit.

Whereas, Louise E. Goldston, who was appointed by Then-Governor Gaston Caperton to be a Family Law Master in 1994; was re-appointed by circuit judges in 1999; appointed by Then-Governor Bob Wise to the bench in the Thirteenth Family Court Circuit (Raleigh and Wyoming Counties); elected in 2002 and re-elected in 2008 and 2016 to a circuit that also included Summers County to the office of Judge of the Family Court of the 13th Circuit of West Virginia and, after having duly qualified as a Family Court Judge by taking the required oath to support the Constitution of the United States and the Constitution of the State of West Virginia and faithfully discharge the duties of that office to the best of her skill and judgment, entered upon the discharge of the duties thereof; and has previously been the West Virginia Family Court Judicial Association President three times (2005, 2015, and 2016); and In maintenance and support of their impeachment against her Louise E. Goldston, Judge of the Family Court of the 13th Circuit of West Virginia, for violation of the Constitutional civil rights of West Virginia citizens, violation of Constitutional separation of powers, incompetency, neglect of duty, and certain high crimes and misdemeanors; and
Whereas, Louise E. Goldston, Judge of the Family Court of the 13th Circuit of West Virginia was formally charged by the West Virginia Judicial Investigation Commission on September 18, 2020 due to, inter alia:

Engaging in the practice of visiting the homes of litigants appearing before her court in cases she presided over; and

Engaging in the practice of visiting the homes of litigants during a court hearing in the case; and

Participating in the search of litigant’s home during a court hearing in the case; threatening to place litigant in jail for insisting on the obtaining of a search warrant prior to entry into litigant’s home; and

Refusing to inform the purpose of the home visit and refusing to allow an opportunity to object at the home visit and search by the court; and

Acknowledging that no statute, rule, case, or contempt power authorized her to conduct a home visit of a litigant during a hearing; and

Acknowledging that her practice of participating in home visits made her a potential witness in the case; and

Acknowledging that she never took a court reporter to any home visits she conducted during court hearings; and

Admitting that she had improperly placed herself in the role of a litigant during such home visits; therefore, be it

Resolved by the House of Delegates:

That the House Committee on the Judiciary be, and is by this resolution, empowered to investigate or cause to be investigated, allegations or charges raised herein or identified its investigation, and make findings of fact based such investigations and hearings, and to report to the House of Delegates its findings of facts and any recommendations which the Committee on the Judiciary may deem proper; and, be it

Further Resolved, That if the recommendation of the Committee be to impeach Louise E. Goldston, Judge of the Family Court of the 13th Circuit, to present to the House of Delegates a resolution of impeachment and articles of impeachment; and, be it

Further Resolved, That in carrying out its duties pursuant to this resolution, the House Committee on the Judiciary is authorized:

(1) To examine witnesses, to send for persons and papers, documents, and other physical evidence, to order the attendance of any witness, or the production of papers, documents, and other physical evidence, and to exercise all other powers described under the provisions of §4-1-5 of the Code of West Virginia; and

(2) To issue summonses, subpoenas, and subpoenas duces tecum and to enforce obedience to its summonses and subpoenas accordance with the provisions of §4-1-5 of the Code of West Virginia, or by invoking the aid of the courts of this state; and

(3) To determine whether all or any portion of a meeting or hearing should be held in an executive session, pursuant to the provisions of House Rule 83; and, be it

Further Resolved, That in carrying out his duties pursuant to this resolution, the Chairman of the Committee on the Judiciary is authorized:

(1) To establish or define rules of procedure for the conduct of meetings or hearings held pursuant to this resolution; and

(2) To employ, with the prior approval of the Speaker of the House, a court reporter or stenographer and such other professional or clerical employees as may be reasonably required; and

(3) To designate a subcommittee or subcommittees of the Committee on the Judiciary to assist the Chairman or the Committee performing the duties specified in this resolution; and

(4) To determine the time and place of all meetings or hearings of the Committee and its designated subcommittees; and, be it

Further Resolved, That the Committee on the Judiciary, during its inquiry, may entertain such procedural and dispositive motions as may be made in the case of any other bill or resolution referred to that committee and in making its recommendations, if any, pursuant to this resolution, the Committee may include:

(1) A recommendation that Louise E. Goldston, Judge of the Family Court of the 13th Circuit not be impeached; or

(2) A recommendation that Louise E. Goldston, Judge of the Family Court of the 13th Circuit be impeached for maladministration, corruption, incompetence, gross immorality, neglect of duty, or any high crime or misdemeanor, pursuant to Article IV, Section 9 of the Constitution of West Virginia and be removed and disqualified from office, and that the House of Delegates adopt a resolution of impeachment and formal articles of impeachment as prepared by the Committee on the Judiciary, and deliver the same to the Senate in accordance with the procedures of the House of Delegates, for consideration by the Senate according to rules of procedure and state law.

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