An investigation into allegations against Monongalia County Magistrate Judge Phillip T. Gaujot, conducted by the Judicial Investigation Commission (JIC) of West Virginia, found probable cause that the magistrate violated several rules of the Code of Judicial Conduct. At a recent meeting, the commission ordered that he be publicly admonished.
To be admonished means to be advised, cautioned, or warned to abstain from future acts or conduct in question.
According to court reports, the JIC found that formal discipline was not essential in Gaujot’s case because the judge had no prior disciplinary actions. However, it was decided that the violations were serious enough to warrant a public admonishment.
Two separate complaints were filed against Gaujot in December, each raising multiple allegations. According to reports, Gaujot filed written responses to each complaint and gave a sworn statement to the Judicial Disciplinary Counsel (JDC).
The counsel found that while multiple allegations were made in the complaints, their investigation only found two to have merit.
The first complaint is related to an arrest made by the Morgantown Police officers in early November after a defendant allegedly severely damaged several Morgantown police cruisers.
Morgantown Police Capt. Matthew Solomon thought the bond set by Gaujot during the arraignment was too low and expressed his concern to a reporter at The Dominion Post, after which an article was printed sharing those concerns.
The reporter contacted Gaujot, who made several comments about the arraignment, including that he had given the defendant a low bond to make sure “the department gets restitution” and insinuated that law enforcement officers had beaten up on the defendant.
The JIC report states that in Gaujot’s sworn statement he claimed he thought the interview was off the record and alleged the reporter had misquoted him several times throughout the article.
The magistrate eventually admitted during his sworn statement that “the comments he made to the reporter were inappropriate,” the report said.
According to the report, Gaujot said, “he no longer talks to the press.”
After The Dominion Post printed the article, Gaujot scheduled a meeting with Morgantown Police Chief Eric Powell, which occurred in Powell’s office on or around Nov. 8. The report stated that during the meeting, Gaujot “loudly addressed Solomon’s decision to complain to the press.”
According to Solomon, the judge acted belligerent and was shouting vulgarities at him. The captain was said to have left the meeting early to diffuse the situation and Powell claimed he had to threaten to have Gaujot removed before he would calm down.
Gaujot admitted to being “livid” at the meeting and admitted to a heated verbal exchange at the beginning of the meeting. However, he denies using any vulgarities but said he did tell Solomon that it was “an a**hole decision.”
The judge insisted in his sworn statement that he felt his demeanor and the use of the phrase “a**hole decision” were appropriate and the meeting was “just men being blunt in an attempt to work through their differences.”
When the committee pointed out that law enforcement officers probably saw an unequal balance of power between them and the judge, Gaujot did admit the incident at the meeting was inappropriate.
The second complaint against Gaujot investigated by the JIC involved a mother and another adult charged with felony child neglect with risk of injury after a single vehicle crash in Preston County that caused injury to several children.
The report stated when the mother was released from a Monongalia County hospital, she was taken to Monongalia County Magistrate Court where she was arraigned by Gaujot.
The Preston County Prosecuting Attorney requested the mother’s bond be set at $250,000, however when setting the woman’s bail, Gaujot thought that she should be given a personal recognizance bond.
During a call with the Preston County Magistrate to discuss why a $250,000 bond was requested, the report states Gaujot was put on hold before the Preston County judge returned to the call with Capt. Tichnell of the Preston County Sheriff’s Department, who had investigated the accident.
The report claims Tichnell was very insistent that the bond be set at the amount requested and threatened to dismiss the current charges and refile more serious charges against the woman as well as threatening to go to the press and file a judicial ethics complaint.
According to Tichnell, Gaujot repeatedly responded in a vulgar manner.
Gaujot admitted to swearing at Tichnell and that his conduct was inappropriate, but also said in his sworn statement that Tichnell was emotional on the phone, would not let him speak, and believed the officer’s tone, demands and threats were out of line.
In a 7-0 vote, Gaujot was charged with violating the Judicial Code of Conduct under the rules of Compliance with the law, Confidence in the judiciary, Avoiding abuse of the prestige of judicial office, Decorum, demeanor and communication with jurors, and Judicial statements on pending and impending cases.
Comments from the commission documented in the report state that “public confidence in the judiciary is eroded by improper conduct and conduct that created the appearance of impropriety.”
Other comments state that a judge should expect to be the subject of public scrutiny that might be viewed as burdensome to other citizens and a judge must accept the restrictions imposed by the Judicial Code.
“Judges must have a thick skin … There will always be at least one party who will disagree with the decision and they are free to openly criticize the judge if they so choose,” one comment stated.
The JIC stated that judicial temperament is an absolute requirement and judges must realize that how people view the judge is how they will view the court system as a whole and must give respect to gain respect even in difficult situations.
“A simple negative comment by a judge may be viewed by his/her opponent as a threat,” the report reads. “Therefore judges should choose their words wisely. [Gaujot] failed to follow these precepts.”
Gaujot has until May 9 — 14days after receiving the admonishment — to file a written objection to the JIC decision. If an objection is filed, the JIC will file formal charges with the Clerk of the Supreme Court of Appeals of West Virginia.
When The Dominion Post called Monongalia County Magistrate Office Wednesday for comment from Gaujot, the person who answered the phone put the reporter on hold, then returned and said Gaujot was not available.
