The Judge Who Flipped a Coin to Decide Custody
Heads or tails should never decide where a child spends Christmas
Key Facts
What Happened
Judge James Michael Shull served as a Juvenile and Domestic Relations Court Judge in Gate City, Virginia, handling some of the most sensitive cases in the legal system: child custody, domestic violence, and family dissolution. In one custody dispute, rather than applying the legal standards required by Virginia law, Shull tossed a coin to determine which parent would have visitation with their child on Christmas Day.
The coin flip was not an isolated incident of misconduct. The Virginia Judicial Inquiry and Review Commission documented a pattern of behavior that violated the Canons of Judicial Conduct. In another case, Shull asked a woman to lower her pants in the courtroom so he could observe a stab wound. After the hearing, when a court bailiff asked about the incident, Shull reportedly replied: 'Yeah, a black lacy thing. It looked good, didn't it?'
Shull had been previously cautioned by the Commission in 2004 for allegedly calling a teenager a 'mama's boy' and a 'wuss' and advising a domestic violence victim to marry her abusive boyfriend. Despite this prior warning, his behavior continued unabated. The Commission recommended either censure or removal from the bench.
In 2007, the Virginia Supreme Court unanimously voted to remove Shull from the bench, making him only the second judge in Virginia history to be removed through the Judicial Inquiry and Review Commission since its establishment in 1971. The case became a landmark in judicial ethics, reinforcing that family court decisions must be based on evidence, legal standards, and the best interests of the child, never on random chance.
Legal Breakdown: Judicial conduct standards and the absolute prohibition on arbitrary decision-making in family law
Best Interest of the Child Standard
Every custody decision in the United States must be guided by the best interest of the child standard, which requires judges to evaluate specific factors including each parent's fitness, the child's needs, and the stability of each home. A coin flip by definition ignores every one of these legally mandated factors.
Judicial Conduct Standards
Judges are bound by Canons of Judicial Conduct that require impartiality, dignity, and adherence to the law. Random decision-making, inappropriate comments, and unprofessional behavior violate these canons and undermine public confidence in the entire judicial system.
Judicial Removal Process
Removing a judge is an extraordinary remedy that requires a formal inquiry, findings of misconduct, and typically a state supreme court decision. The rarity of removal, only the second in 36 years in Virginia, reflects both the severity of Shull's conduct and the high bar set for this sanction.
What This Means for Your Divorce
- →If you believe a judge is not taking your custody case seriously, you have the right to file a complaint with the judicial conduct commission
- →Every custody decision must be based on evidence and the best interest of the child, not arbitrary methods
- →A pattern of judicial misconduct, even if each individual incident seems minor, can result in removal
- →Choosing the right jurisdiction and understanding your judge's reputation is a critical part of divorce strategy
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This article is based on publicly available court records, news reports, and legal analysis. It is provided for educational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content.
Divorce laws vary by jurisdiction. Always consult a licensed attorney in your area before making legal decisions.