Warrantless Search Controversy Spotlights Judicial Immunity Debate

State judges are weird creatures. Some are elected to their posts, and others are appointed. Some serve with distinction, others…well. Others come to believe they are the law.

Such was the case of West Virginia Family Court Judge Louise Goldston. Goldston faced a General Assembly impeachment effort after allegations she repeatedly violated citizens’ constitutional rights:

Judge Goldston’s actions during a March 4, 2020 visit to the property of Matt Gibson, a divorce litigant before Goldston’s court, served as a key variable in subsequent investigations into the judge’s conduct.

The visit in question involved Judge Goldston descending upon Gibson’s property – along with Gibson’s ex-wife, Gibson’s ex-wife’s attorney, and a Raleigh County Sheriff’s Deputy – without a search warrant and rummaging through Gibson’s personal belongings.

Judge Goldston, who represents Raleigh County, Wyoming County, and Summers County, was found by the West Virginia Lawyer Disciplinary Board Investigative Panel to be in violation of Section 6, Article 3 of the Constitution of the State of West Virginia which protects citizens of West Virginia from unreasonable and warrantless searches and seizures, as well as Section 1, Article V of the Constitution of the State of West Virginia requiring the separation of powers between the executive and judicial branches of government.

But that’s just part of the story. Gibson sued Goldston for rights violations in U.S. district court. And won:

Matt then brought a federal lawsuit against Goldston for violating his rights. The judge argued that she should be entitled to judicial immunity and that Matt’s claims against her should be thrown out. Judicial immunity is a legal doctrine that shields judicial officials from being held accountable in a lawsuit when they violate people’s rights if those actions were done in a judicial capacity. Thankfully, the district court held that Goldston was not entitled to judicial immunity because judges don’t barge into people’s homes without warrants. Goldston then appealed that decision to the 4th U.S. Circuit Court of Appeals. 

The Institute for Justice is aiding Gibson in the appeal. Considering Goldston’s retirement brought an end to the impeachment proceedings, the federal lawsuit remains the only way to hold her personally accountable for her behavior.

Here’s hoping Gibson and the IJ win – not just for Gibson’s sake, but for the belief that no one – not even a judge – is above the law.

The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.

READ NEXT: Consequences of Abysmal Police Department Hires Reveal Themselves