FORMER CIRCUIT JUDGE DAVID HUMMEL

WHEELING – Judge David Hummel Jr., who had been accused by a Texas attorney of brandishing a firearm in front of her in a courtroom, resigned from his seat in the Second Judicial Circuit of West Virginia on Wednesday.

A spokesman for Gov. Jim Justice said Justice received Hummel’s letter of resignation Wednesday. The Second Judicial Circuit includes Marshall, Wetzel and Tyler counties.

Hummel made headlines earlier this year after being accused by attorney Lauren Varnado of unholstering a firearm, pointing it at the table where Varnado’s legal team sat, pointing it at the podium where Varnado was standing and then placing it on his desk. The incident allegedly happened in a New Martinsville courtroom in March during a weekend evidentiary hearing.

Varnado claimed it was part of a chain of alleged incidents where Hummel was openly hostile toward her and her legal team after they tried to have him disqualified from a case in Wetzel County involving oil and natural gas royalty payments. Varnado cited a potential conflict of interest Hummel may have had in the case.

Varnado provided an affidavit to the West Virginia Judicial Investigation Commission concerning the matter. The WVJIC has not yet publicly announced any charges against Hummel.

Hummel declined comment to The Intelligencer and Wheeling News-Register when the accusations arose, but he did comment to the Daily Beast, which originally reported the story. Hummel claimed he did not show a firearm, but rather an anticoagulant pack from a first aid kit.

In a letter to Varnado in August, Wetzel County Prosecutor Tim Haught said that, after looking at the video footage from the hearing, he did see Hummel display a firearm, but did not believe he pointed it at Varnado or threaten her with it.

He told Varnado that, if she believed Hummel committed a crime, to let him know so he could appoint a special prosecutor. He had not heard from her concerning that matter, so he closed the file.

Justice is tasked with appointing a new judge for the circuit. Hummel had served as a judge in the Second Circuit since 2009.