Brian Hampton Clark v. Virginia

The petitioner, Brian Hampton Clark (“Brian Clark”) seeks reversal of a conviction of contempt of court entered by the Honorable David V. Williams, chief judge of the Circuit Court of Patrick County, Virginia (“Judge Williams”) on grounds Judge Williams erred in denying Brian Clark’s motion for recusal of Judge Williams in this case. Brian Clark contends that Judge Williams’ denial of such recusal motion denied Brian Clark his due process rights under the Fifth and Fourteenth Amendments to the United States Constitution. The questions for consideration by this Court are as follows:

1. Whether the fact that the contempt charge in this case was openly brought in response to Brian Clark’s petition for a writ of prohibition in the Virginia Supreme Court joining as respondent one of the judges of the Circuit Court of Patrick County, Virginia (“the trial court”) required that the Honorable David V. Williams (“Judge Williams”), chief judge of the trial court, to comply with Brian Clark’s federal due process rights, to grant Brian Clark’s motion that Judge Williams recuse himself?

2. Whether the totality of the circumstances indicated that an average judge in the position of Judge Williams would have a “potential for bias” so as to require his recusal to comply with Brian Clark’s federal due process rights, where (a) Judge Williams had previously issued a written