From Judge Frank Volk's decision yesterday in Gibson v. Goldston (S.D. W. Va.), which is now on appeal (for more, see In re Goldston (W. Va. 2021)):
On September 18, 2018, Mr. Gibson appeared before Family Court Judge Louise Goldston in his divorce action. Judge Goldston granted the parties' divorce and adopted their property settlement agreement.
On September 26, 2019, Kyle Lusk, the attorney for Mr. Gibson's soon-to-be-ex-wife, filed a Petition for Contempt, alleging defects in the property disbursement. On March 4, 2020, a hearing was held on this contempt petition. Judge Goldston sua sponte halted the hearing, requested Mr. Gibson's home address, and ordered the parties to reconvene at Mr. Gibson's home in ten minutes without explanation as to why the home visit was necessary.
On the approximately ten-minute drive from the courthouse to Mr. Gibson's home, Mr. Gibson and his girlfriend, Sharon Masual, researched how to move to disqualify Judge Goldston. Upon arrival at the home, Mr. Gibson and Ms. Masual began video recording. Mr. Gibson then immediately approached Judge Goldston and moved to disqualify her on the grounds she had become a potential witness. Judge Goldston denied the motion as untimely.
Mr. Gibson informed Judge Goldston that she was not going inside his house without a search warrant; she replied, "oh, yes, I will." Judge Goldston continued, "let me in that house or [the bailiff] is going to arrest you for being in direct contempt of court." Judge Goldston admitted to threatening Mr. Gibson with arrest if he refused to allow her and others into his home. Additionally, Bailiff McPeake testified that he witnessed Judge Goldston threaten Mr. Gibson with arrest, and that as a sworn, on-duty police officer with arrest powers, he would have been obliged to effect the arrest.
