Judicial Accountability Must Apply to Everyone

Justice depends on more than courtroom procedures. It depends on public confidence that judges faithfully apply the law, remain impartial, and treat every citizen fairly.

As an 82-year-old disabled Vietnam combat veteran, I never expected to spend years challenging what I believe were decisions made outside the bounds of Virginia law. Yet after exhausting my legal options, I have found myself asking an important question: Who holds judges accountable when citizens believe the law has not been followed?

I recently wrote to the Virginia Judicial Inquiry and Review Commission after it concluded that my complaint against Warren County Circuit Court Judge Daryl Funk involved legal rulings rather than judicial misconduct. I respectfully disagree.

My concern has never been whether a judge possesses the authority to issue rulings. Every judge does. My concern is whether those rulings faithfully apply Virginia law and whether judicial conduct undermines public confidence in the courts.

Virginia’s Canons of Judicial Conduct ask judges to consider whether their actions threaten impartiality, harm public trust, or interfere with the fair administration of justice. Those standards exist for a reason.

My case stems from post-divorce litigation involving special commissioner fees. I maintain that a negotiated settlement agreement signed in June 2022 released me from those obligations. Despite that agreement, later court proceedings resulted in judgments against me that I believe ignored both the settlement contract and applicable Virginia statutes governing special commissioners.

I also believe I was denied meaningful due process. In my view, the court failed to address the legal arguments I presented, dismissed my breach-of-contract claims without citing controlling Virginia law, and ultimately prevented meaningful appellate review by dismissing my case with prejudice.

These concerns deserve careful examination—not because I lost in court, but because I believe judges must remain accountable to the same rule of law they are sworn to uphold.

Judicial misconduct is not simply about inappropriate behavior in the courtroom. It can also involve conduct that undermines confidence in the fairness and integrity of the judicial system. Citizens should never be left wondering whether justice depends on personal relationships, professional connections, or unequal treatment.

My purpose is not to attack the judiciary. On the contrary, I believe our courts are among the most important institutions in our democracy. Precisely because they are so important, they must welcome transparency and accountability.

No judge should be above scrutiny, just as no citizen is above the law.

The Judicial Inquiry and Review Commission serves an important purpose by investigating allegations of judicial misconduct. I hope it will continue to examine complaints thoroughly and independently whenever credible concerns are raised. Public trust depends upon knowing that judicial accountability is more than a principle—it is a practice.

For more than 60 years, beginning with my military service, I have taken my oath to support and defend the Constitution seriously. That commitment did not end when I left the service. It continues today.

Whether readers agree with my legal arguments or not, I hope we can all agree on one point: Justice requires accountability, transparency, and equal application of the law. Without those principles, public confidence in our judicial system cannot endure.

Rev. Ed Bull, Ph.D.
Berkeley Springs, WV

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