MAIL TO:

FOR JIC OFFICIAL USE ONLY

WV Judicial Investigation Commission

City Center East Suite 1200 A
4700 MacCorkle Avenue, SE
Charleston, West Virginia 25304
304-558-0169

Complaint No.: ______________________

Judicial Officer: _____________________
Date Filed: __________________________

BEFORE THE JUDICIAL INVESTIGATION COMMISSION

OF WEST VIRGINIA
COMPLAINT
Use this form to give the Judicial Investigation Commission enough information to evaluate your
complaint. Read the enclosed brochure explaining the Commissions function, jurisdiction and
procedures. The complaint must be TYPED or legibly HANDPRINTED in blue or black ink only.
DO NOT use pencil. The Complaint MUST be submitted with the attached Affidavit, which must
be signed by you and NOTARIZED. PLEASE NOTE: The Commission has no authority to
change the outcome of any case. Your complaint of judicial misconduct is a matter totally
separate and independent of your litigation and will have no effect on any legal decision or on
appeal.
I.

Person Making Complaint:

Name:

Randall W Turner

Address:

PO BOX

_______________________

Petersburg, WV

_______________________

_____________________________

______________________
Telephone:

Daytime (

Email:

__________________________________________________________________

II.
Name:

) ___________________

Evening (

) ___________________

Judicial Officer Complained Of:

Larry Ours, Magistrate

_____________________________

Grant County
The Court is located in: ___________________________________________________ (County).

Court Level:

G Supreme Court

G Circuit Court

G Family Court

G Magistrate Court

G Mental Hygiene

G Juvenile Referee

G Special Commissioner

G Special Family Court Judge

III.

Additional Information:
A)

If your information arises out of a court case, please answer these questions:

1)

If you know, what is the name and number of the case?

Case Name: Turner v Jones
_____________________________________________
Case No: 14M40297

b)

__________________________________________

What kind of case is it?

G Civil

G Criminal

G Domestic

G Abuse & Neglect

G Juvenile

G Probate

G Guardianship/Conservatorship

G Other (specify)
c)

What is your role in the case?

G Plaintiff/Petitioner

G Defendant/Respondent

G Attorney for

_______________________

G Witness for

_______________________

G Other (specify):
d)

If you were represented by an attorney in this matter at the time of the conduct
complained of please identify him/her:
Name of Attorney:

e)

_____________________

n/a
__________________

If this complaint relates to a trial or other court proceeding, has it been or will it
be appealed?
Yes

No

Not applicable

IV.

Statement Of Facts and Canons Violated:

Completion of this section is MANDATORY. Please state in the order of time the specific facts and
circumstances you believe amount to judicial misconduct. Be as brief and to the point, but state all
relevant details including names, dates, and places. If you know them, list the Canons you believe
the judicial officer may have violated.

Canons Violated: Canon 1, Canon 2(A), Canon 3(B)(2)(4)(5)(8), (C)(1)(2)(5)

On July 1, 2014, Magistrate Ours issued an arrest warrant for Randall Turner
citing WV 61-5-26 and 50-5-11. (See exhibit A) The warrant stated it was for
civil contempt based on a complaint filed by Catrina Jones (Vanmeter) with the
Grant County Sheriffs office (See exhibit B) alleging a violation of a Magistrate
Court Order (See exhibit C). Turner was arrested at his home and brought
before Ours who read into the record outside of Turner's presence (audio of
hearings included with complaint on CD) a statement that he was holding a
hearing for "civil contempt". No testimony from the complainant was taken, no
cross examination allowed. Turner denied the allegations. Ours says it will be set
for a hearing at a later date and states that the penalty for contempt is a $50
fine. However in the very next breath Ours then sentences Turner to two days in
jail so that the "defendants can move out". Turner is taken into custody and
transported to Potomac Highlands Regional Jail where he served his sentence
entirely. Ours then completes a FALSIFIED Jail Commitment Order (Exhibit D) in
which he hand writes the charge as "Civil Contempt 50-5-11(e) & 61-5.16" (a
charge which requires a third offense and a jury verdict to allow any jail time).
When Turner was released he returned home to find a magistrate court notice of
contempt hearing scheduled for July 8th. Ours told Turner in open court on the
8th that he had not been found guilty of anything on July 1. When asked why
Turner was sent to jail Ours yelled Sanctions! Havent you ever heard of
sanctions?! A few minutes later Ours told Turner he was sent to jail so that the
[delinquent] renters could move out, despite having previously ruled they had to
be out by the 30th of June, the day before the July 1 hearing. Incredibly, in Ours
"notes" (Exhibit E) Ours states that he would not have sent Turner to Jail had he
not claimed to be innocent of the charges and instead paid a $50 fine. He says
in open court and in his notes that he is sending Turner to jail 'to give the
defendants time to move out.'
On 7/2/14 Randall Turners wife, Linda Turner, appeared at the Magistrate
Clerks office requesting a copy of all the paperwork from the case file pertaining
to the Contempt charge from the previous day. Mrs. Turner had with her the
documents that were served when Randall was arrested. She was told there
3

were no other papers in the file. She returned home and was reminded by her
son, Jeff, that the papers they had in their possession did not include any Order
signed by Magistrate Ours on July 1 much less one which found Randall guilty of
anything or sentencing him to jail. Linda Turner called the Magistrate Clerks
office and again inquired about this additional document. She spoke with Jill who
then put her on hold and who, after a few minutes, returned to the phone and
said that there WAS another document, but that Magistrate Ours told her that no
one except an attorney could have access to it. Jill was the only staff member in
the clerk's office since the clerk and the assistant clerks were out of town at a
conference. Jill's actual position is assistant to magistrate Ours. Turner was
forced to file a Petition for Writ of Mandamus (Exhibit F) to obtain the document
(Exhibit D) which he finally did on September 5th (Exhibit G). It was clear that
Ours ordered his assistant to unlawfully deny Turner access to the Jail
Commitment Order, most likely because even HE knew that what he was doing
was illegal and the Order was fraudulent, citing a fictitious charge as the basis
for incarceration. He knew he HAD to put down a charge other than "sanctions"
if he expected to have Turner accepted into the jail, so he lied and entered
"Contempt" and cited two statues (one of which is not even correct for
magistrate court use.) He used his office to kidnap Turner and illegally imprison
him. This was a CRIME, and constituted the commission of multiple felonies.
When Turner was released from jail he returned home to find a notice of hearing
for civil contempt from the Magistrate Clerk, with the hearing to take place on
July 8th for the very same Contempt charge which caused his arrest and
imprisonment on July 1. It was at this hearing (listen to audio CD) that Ours
admits he arrested Turner for contempt, failed to hold a hearing when deputies
brought him to court, sentenced him to two days in jail without a hearing or jury
trial as required by law, and then claimed he was now holding a contempt
hearing a week later on the same charge. Turner feared for his freedom and
welfare should he appear before Ours again so on July 7th he filed a Motion for
Disqualification of Ours (Exhibit H) which Ours mentions on July 8th as he holds
the hearing anyway. Earlier on the morning of July 8th, Turner had a family
friend, Greg Stocks, who he had asked to act as his agent for the hearing that
afternoon due to his great apprehension of appearing in front of Ours again, go
IF ADDITIONAL SPACE IS REQUIRED, YOU MAY ATTACH AND NUMBER UP TO
THREE (3) ADDITIONAL PAGES, DOUBLE-SPACED.

V.

Documentation:
List the documents or other items that you have attached to help support your claim that the
judicial officer has engaged in misconduct. Please keep attachments to a minimum and only
submit those documents or items which actually support your contentions. DO NOT attach
the entire file. Note: DO NOT send original documents. These documents cannot be
returned to you. You should retain a copy for your records.
1. Warrant for the arrest of Randall Turner
2. Defendants Complaint Filed With Sheriff
3. Jail Commitment Order of July 1
4. Court Order 6/28/14
5. Petition for Writ of Mandamus
6. Motion for Disqualification
OTHER: Audio CD of hearings on 7/1/14 and 7/8/14 (two CDs, each contains the same two

VI.

Witnesses:
Identify, if you can, any witnesses to the alleged conduct of the judicial officer and if
known, their address and phone number.
Witness 1:

Linda Turner
____________________________

P.O. Box Petersburg WV

Address:

____________________________

Phone:

___________________________________

Witness 2:

Greg Stocks
____________________________

Address:

640-D North Calvert St. Baltimore MD 21202

____________________________

Phone:

( 410 )

Witness 3:

____________________________

913-4337

___________________________________

Address:

____________________________

Phone:

___________________________________

Witness 4:

____________________________

Address:
Phone:

____________________________
(

___________________________________

In filing this complaint, I accept and understand that:

Rule 2.4 of the WV Rules Judicial Disciplinary Procedure provides that the details
of complaints filed or investigations conducted by the Office of Disciplinary
Counsel shall be confidential. The details/investigation remain(s) confidential
unless the judicial officer has been admonished by the Judicial Investigation
Commission or a Statement of Charges has been issued.
The Rule of Confidentiality attaches and becomes effective upon the filing of this
complaint.
The judicial officer who is the subject of your complaint has a right to see your
complaint and respond to it. By filing this complaint, you consent to any such
disclosure.
I must complete and sign the attached affidavit before a notary public.

AFFIDAVIT
STATE OF

West Virginia
__________________________________

Grant
COUNTY OF __________________________________, ss:

This day personally appeared before the undersigned authority, a Notary Public in and for
the State and County aforesaid,

Randall W Turner
__________________________________________________________________
(Name of Complainant)
who, swears or affirms that the statements contained in the foregoing Complaint are true except
as to those stated to be upon information, and as to those statements, he believes them to be true.

______________________________
Complainant

Taken, subscribed, and sworn to before me this ____ day of

________________________________________, 20____ .
My commission expires_____________________________.

______________________________
Notary Public

to the Magistrate Clerks office to file a notice of appeal for what was then presumed to have
been a July 1 criminal contempt conviction, since under the law it could be nothing else, even
though THAT would also have been improper, and since Ours had ordered the Clerks office not
to provide Turner with a copy of the Order from July 1st which sent Turner to jail. It was filed so
that the record would reflect an appeal notice of the very charge Ours was presumed determined
to sentence Turner for a second time, prior to his doing so that afternoon.
Stocks presented the notice to Jill, who disappeared into another room with it. Magistrate Ours
then emerged from the room, Notice of Appeal in hand, and asked Who are you? Stocks told
him his name and that he was acting as Turners agent. Ours bristled and emphatically told
Stocks he could not act as agent for Turner as that would be the practice of law without a
license. Stocks told him he disagreed and offered to provide him with the WV statute, a WV
Supreme Court ruling and WV attorney generals opinion which allowed him to act as agent, all
specifically stating that is was not the practice of law without a license. Ours told Stocks to bring
him those items if you want.
Then Ours took it upon himself to review the requested filing and tell Stocks that it cannot be
filed because he (Turner) has not been found guilty of anything. When Stocks asked him how
could that be since Turner was sentenced to jail, Ours replied You dont understand what is
going on, wait until the hearing today. Ours refused to say on what charge or legal basis Turner
had been sent to jail. Stocks again insisted on the filing and Ours again told him no, but said it
could be addressed at the end of the hearing that afternoon, though Stocks should understand
that a surety bond would be required. This created the distinct impression the Ours had predetermined what his ruling would be in the afternoon hearing, even more so when taken with
Ours later comment to Turner during the hearing that testimony was optional in the contempt
1

hearing. Stocks replied that in no way was a Notice of Appeal to be addressed in Ours
courtroom regarding its sufficiency, timeliness, or content. Stocks finally had to tell Ours that
neither he or anyone in the Clerks office had the legal authority to evaluate a requested filing for
legal sufficiency or any other criteria and refuse to accept it and that in fact under the law it must
be filed as requested. Stocks again demanded the document be filed and marked with the date
and time it was accepted and Ours, very reluctantly and while muttering his disapproval,
personally hand marked the Notice as filed with the date, time and his signature.
Immediately prior to the afternoon hearing on the 8th, Stocks provided Ours with the promised
documents which included a copy of WV Code 50-4-4a, Supreme Court decision in State ex rel
Frieson v. Isner, 168 W. Va. 758, 285 S.E.2d 641, (1981), and WV Attorney General opinion
letter (Exhibit I).
After calling Stocks and Turner into the courtroom, but denying access to Turners family and
friends, and any other observers, Ours refused to allow Stocks to proceed as agent stating this
would constitute practice of law without a license and repeatedly screamed at him to be quiet
while pounding his fists on his desk. To inform his decision about Stocks as agent, Ours first
claims to have called the WV Supreme Court, then claimed it was actually another Magistrate,
Riley Barb of Tucker county, that he called, and finally arrived at having spoken to Barb who in
turn allegedly called the counsel for the Supreme Court who allegedly advised him not to allow
Stocks to act as agent, as if this would have been a legitimate and authoritative opinion. You can
hear the absurd reasoning Ours gives in the audio provided. Ours refused to hear any argument
from Stocks or Turner on the issue and repeatedly told Stocks he was going to throw him out.
The entire exchange was a combination of yelling, screaming, fist pounding threats and anger
from Ours, almost none of it being conducted in even barely a civil tone.
2

Ours then tells Stocks he can sit next to Turner and advise him, resulting in a ridiculous since
the judge wont talk to me, ask him XYZ, even though we all know he can hear me asking you to
ask him XYZ farce, reminiscent of a grade school argument. The audio content speaks for itself
as far as misapplications of law and procedure as well as an admission by Ours that he sent
Turner to jail absent any findings of guilt or actual lawful basis, for violating a court order, as a
sanction but absent any verdict of guilty of civil or criminal contempt. In fact, Ours goes to
great lengths to make it abundantly clear Turner was found guilty of NOTHING prior to being
thrown in jail.
Instead, Ours asserted, Turner went to jail for various reasons, depending on when he was asked,
including: Sanctions, a legal fiction Ours made up in an offensive abuse of power; or to allow
defendants to move out; or because Turner had the temerity to claim to be innocent of the
contempt charge. We cannot forget the FOURTH reason however which is contained in the
falsified Jail Commitment Order, Civil Contempt.
The recording of the July 8 hearing, made at the request of Turner prior to the beginning of the
hearing, was available on CD the next day, the CD having been burned by Ours himself. Turner
by chance learned that day that a recording existed for the July 1 hearing also and requested a
copy. Two months of excuses and stonewalling took place before the recording was finally
released to Turner, despite the fact that Ours walked into the Magistrate Clerks office seconds
after Turner requested the additional recording. He was out of the office that day, until Jill
called him asking if she could release a CD of the July 1 st hearing she had found when getting
the one for July 8. After THAT call he was pulling into the parking lot as Turner left. The
reasons appear obvious once one hears it.

There is so much impropriety here that one can only hope an adequate job of condensing it to the
required pages has been done. These events have garnered much local attention including an
article in the Grant County Press. We look to you to address this very disturbing activity. An
appeal gains nothing for Mr. Turner, costs him even more money, and fails to offer justice.