"He corrected his error immediately after and talked to [the clerk] and the judge," Bundy said. "He said he had been wrong and [Watkins] had not filed."
Martin did not immediately return a phone call Monday.
Watkins said Monday he hadn't decided whether he still planned to file for disability.
"I'm under my doctor's care, and I'll follow whatever they recommend. They haven't made a decision," he said.
Last month, Watkins took an emergency medical leave. Former Family Court Judge Deloris J. Nibert was assigned to take his place.
In previous reports, he blamed his actions on health problems and stress from an overwhelming caseload.
During a November hearing in front of the Judicial Hearing Board, Watkins apologized for his behavior.
At that hearing, counsel for the state Judicial Investigation and Martin jointly recommended Watkins be suspended for 90 days without pay but that the suspension be put on hold while Watkins was monitored for 90 days and underwent counseling.
However, the hearing board's recommendations concluded Watkins' apology was "less than sincere" and included notes from an investigator that said, among other things, his health problems seemed "vague or unusual"; and that his possibly "delusional symptoms should be evaluated."
Watkins said Monday he would wait until the Supreme Court made a decision before filing for disability and retiring.
"As soon as a decision is reached, I will let the chief justice know what I'm going to do," Watkins said.
Martin told the high court the hearing board's punishment would amount to impeachment, which, he said, is unconstitutional.
Reach Kate White at kate.wh...@wvgazette.com or 304-348-1723.