Richmond judges remove selves in former DPU director Bingham’s lawsuit against Mayor Avula, other city leaders

RICHMOND, Va. (WRIC) -- Richmond Circuit Court judges have removed themselves from the lawsuit filed on behalf of former city Department of Public Utilities (DPU) director April Bingham against Mayor Danny Avula and other city leaders, referring the Supreme Court of Virginia to find a new judge to preside over the case.

On Feb. 5, Chief Judge Jacqueline S. McClenney filed a disqualification order on behalf of all seven Circuit Court judges in Richmond City Circuit Court in Bingham's lawsuit against city leaders, effectively removing themselves from the case.

"The Circuit Court Judges have found that they are so suited in respect to this case as to render it improper for them to preside," the order stated.

McClenney referred the case to the Supreme Court of Virginia for a judge to be appointed and preside over the case.

8News Legal Analyst Russ Stone said that because the case involves city government, bringing in a judge from out of the area would ensure fairness for both sides.

“Since this case does involve city government and city officials, the court felt that they should recuse themselves from the case," Stone explained.

Stone explained that the judges removing themselves from the case ensures that even if there is no actual conflict of interest, there is also not an appearance of a conflict of interest to the public.

"It’s not just whether there is an actual conflict of interest," Stone said. "It’s even when there is just the appearance of a conflict of interest."

As of the time of reporting, it's unclear where the judge will be picked from.

“So, what they will do now is they will look around, probably, to neighboring jurisdictions, maybe Henrico, maybe farther away, and find a judge from one of those jurisdictions to come in and hear that specific case," Stone said.

8News has reached out to the Richmond Circuit Court, city spokespersons and Bingham's attorney for comment regarding the update in the case.

Bingham's attorney filed the initial complaint in the suit on Jan. 12 against the city, Avula and former interim CAO Sabrina Joy-Hogg, in which she outlined allegations of retaliation, wrongful firing and defamation by city leaders.

Bingham is seeking $1 million in damages, and reinstatement to an equivalent position in city government, as well as back pay and coverage of attorney’s fees and costs.

The suit stems from events that surrounded the Jan. 6 through Jan. 11, 2025, water crisis, which occurred while Bingham was DPU director, and impacted the city and surrounding counties, leaving residents with little to no water and under boil advisories for a week.