Edward Gardner was arraigned on a charge of malicious wounding against his sister, Lindsay Gardner August 6.
Both are children of West Virginia Supreme Court of Appeals Justice Margaret Workman, who responded through a spokesperson she had no comment on the situation.
According to court documents, Edward Gardner kicked his sister three times in the head and body in the evening hours of August 5.
Lindsay Gardner, who resigned as communications manager for the Charleston Convention and Visitors Bureau in March, was transported to CAMC General, according to police. She is in the intensive care unit suffering from a concussion, cuts on her scalp and a possible skull fracture.
Edward Gardner is now out of jail on a $25,000 bond.
This is Edward Gardner's second run-in with the law in as many months. According to an arrest report from the Kanawha County Magistrate Court Gardner was arrested July 9 in Nitro for driving under the influence and possession of marijuana. The report says Gardner was uncooperative with police and repeatedly told police "my mom's a Supreme Court judge."
Edward Gardner's preliminary hearing has been scheduled for 1:30 p.m. August 15.