Lawyers running to replace two of Kanawha County's family court judges were critical on Tuesday of how the incumbents run their courtrooms.
Jim Douglas, who is attempting to oust Sharon Mullens, and Patrick Cottrell, who hopes to unseat Robert Montgomery, told the Gazette-Mail editorial board that, if elected, they would restore efficiency.
Douglas didn't pull any punches when it came to Mullens, who has served as judge in Division 5 for the past seven years. The family law attorney accused Mullens of delaying rulings and keeping cases open unnecessarily for long periods of time.
Douglas passed out information to editors, which he said proved that, out of Kanawha's five family judges, Mullens has consistently ranked worst at disposing of cases in a timely manner. In some of those cases, Douglas said, all Mullens had to do for a case to be closed was make a calculation about child support.
"How can someone that says they are taking care of children and families not even make child support calculations?" Douglas asked. "I want a more efficient court, because who suffers? The children suffer if they're not being served. If someone is out there not disposing of cases, they're not getting the child support they need."
Mullens quietly said children are her number one priority. She added that, when it comes to calculating child support, she takes her time, and considers multiple factors.
"I tell litigants, 'if you work with me, I'll work with you.' I'm mindful of the economy. ... Lots of guys aren't deadbeats, they can't find jobs," Mullens said.
About the accusations over her low case disposal rates, Mullens said that the people who appear before her are "more than just numbers."
"I am within the Supreme Court's guidelines with response to my caseload," she said.
But Douglas said that he would be willing to work Saturdays, if need be.
"I will work Saturdays to clean up the Division 5 backlog," Douglas said, slamming his pointer finger down on the table in front of him.
Douglas also questioned Mullens' ability to impose fines against litigants when she has had both federal and city tax liens filed against her.
She said most of the liens had been filed at a time when she was practicing law on her own or working as a public defender. She added that, as a single mother, she struggled for a time.
"They might say 'slow to pay,' but not 'no pay,' " she added about the liens.
Mullens didn't bring up Douglas' controversial past, which includes the state Supreme Court suspending his law license over filing a lawsuit in bad faith.
After Clay County schoolteacher Ida Jane Steele, who had a daughter in 1983, sued Ricky DeWayne Morris for child support, Morris, who was represented by Douglas, denied he was the father. Morris later admitted he was the father and sued Steele, alleging she had promised to pay him a $5,000 "stud fee" for impregnating her. Morris dropped the lawsuit after Steele filed an ethics complaint against Douglas with the State Bar's Office of Disciplinary Counsel.
In their ruling, justices suspended Douglas' law license for six months and wrote that he "knew or should have known that the purpose of his conduct [was] to harass or injure another."
The State Bar's Ethics Committee once considered recommending Douglas' license be suspended for ridiculing two judges in Clay and Braxton counties who had issued a gag order in a case.
Douglas dressed up as the movie character "Rambo," in combat clothes, to protest the gag order. The Supreme Court ruled he could not be formally disciplined for the protest, since he had a First Amendment right to free expression.
If elected, Douglas said he would try to make it harder for those convicted of domestic violence charges involving firearms to obtain firearms again and would cut down on unnecessary continuances, among other changes.
Following Douglas' lead, Cottrell went after Montgomery with similar claims.
"Do you have the numbers like [Douglas]?" Montgomery said, quickly responding to Cottrell.
Cottrell accused Montgomery of regularly keeping lawyers and litigants waiting - sometimes more than an hour for court to begin.
"He routinely cancels a whole day due to personal issues," Cottrell said. "People complain about it."
Of course, Montgomery said, sometimes hearings take longer than expected. He's served as judge 15 years.
"Like in a doctor's office, sometimes you go longer," he said. "I think it's important to let everyone have their say in court. ... That way, they're less likely to come back."
Cottrell said if he's elected he will be mindful of people's time.
Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.