BY MIKE NOLTING
Monongalia County Magistrate Phillip T. Gaujot was publicly admonished by the state Judicial Investigation Commission after the commission found probable cause that Gaujot violated five rules of the Code of Judicial Conduct.
The JIC said the first complaint against Gaujot, who was elected magistrate in May 2020 and took office on Jan. 1, 2021, came after he made inappropriate comments to the media and used vulgarity to police in the case of Michael Cotterall Jr., 29, of Westover.
Cotterall had been accused of felony destruction of property after jumping on several police cruisers in November 2021.
After police frustration because of low bond set in the case and comments Gaujot made to a reporter, Morgantown Police Chief Eric Powell and Cpt. Matthew Solomon met with Gaujot. Powell claimed the only way he could calm down Gaujot was to allow Solomon to leave the meeting.
Gaujot admitted to the JIC he was “livid” during the meeting and said it was “just men being blunt in an attempt to work through their differences.”
The second complaint centers around bond set for a mother involved in a crash on I-68 in November 2021. Preston County deputies responded to the rollover crash and found four children and four adults in a van with only two working seatbelts. None of the children were restrained and the van contained tools and a bowling ball that became projectiles after the crash.
Two Maryland women were charged with gross child neglect with risk of serious bodily injury. In Preston County, one suspect was given a bond of $250,000. In Monongalia County, Gaujot said he was “leaning” toward a personal recognizance bond so the mother could be with her children.
One of the investigating officers protested and told Gaujot he would drop the charges and file more serious ones if he did not impose the same bond amount as her accomplice. The officer also threatened to go to the media and file an ethics complaint. Gaujot relented and issued a $250,000 bond for the second suspect.
Gaujot admitted to swearing at a Preston County police captain when the complaint was investigated by the JIC.
Gaujot has been 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.
The JIC said it found more serious discipline against Gaujot was not necessary because no prior disciplinary action had been taken against him.
Gaujot has 14 days from the time the order came down, April 25, 2022, to object to the findings. If he does object, formal charges will be filed with the state Supreme Court.
