Judical Discipline and Disability Commission

COMMISSION ACTIVITIES

The Judicial Discipline and Disability Commission meets generally on the third Friday of every other month. In 2005, the Commission met four times to conduct its business.

In 2005 the Commission received 295 complaints. That was a slight increase over the average of 288 complaints filed per year for the previous five years.

At the request of the Arkansas Supreme Court, in the Spring of 2005, the Arkansas Bar Association established a Task Force to review the procedure rules of the Judicial Discipline and Disability Commission. On September 28, 2005, Mr. Badami and Commission Chair, Mike Gott made a presentation to the Task Force concerning the history, operation and procedures of the Commission. The Task Force asked that after their membership has had an opportunity to review the Commission’s procedure that members of the Commission would be asked to reappear and make suggestions to the Task Force.

In April 2005, Mr. Badami established the Internal Review Study. The Study was designed to improve the operations of the Commission. It would also review the policies and procedures of both the Commission and the Judicial Ethics Advisory Committee.

In June 2005, the Commission announced that it had censured former Circuit Judge Fred D. Davis, III of Pine Bluff, Arkansas. The Commission found that Judge Davis is not qualified to seek or hold judicial office in the future. The Judicial Discipline and Disability Commission filed its Final Decision and Order with the Arkansas Supreme Court on June 10, 2005. The underling facts concerning this case were that on October 30, 2002, Judge Davis purchased a new 2002 Chevrolet Avalanche truck. Judge Davis owed approximately $1,795.28 in sales tax on that purchase, which would have been due and payable when he registered the vehicle. Judge Davis did not register the vehicle nor pay the state tax due until June 21, 2004, after being cited for failure to register vehicle, misuse of dealer license plate and driving while intoxicated, first offense, on June 10, 2004.

Three members of the Commission filed a Dissenting Opinion. The dissent argued that since Judge Davis retired from the judiciary prior to the Commission holding its Formal Disciplinary Hearing, he was no longer a member of the judiciary. As a result, the Judicial Discipline and Disability Commission no longer had jurisdiction in the matter and was unable to take any action in this matter.

Also in June 2005, Norwood v. Dickey, et al., ___ F.3d ___ (8th Cir.) (No. 04-3120, June 1, 2005), the Eighth Circuit Court of Appeals unanimously upheld District Judge James Moody’s order dismissing Norwood’s 42 USC 1983 complaint on Younger abstention grounds. Norwood claimed that the Arkansas Supreme Court’s confidentiality rule (Rule 7) which applies to Judicial Discipline and Disability Commission investigations violated his First Amendment right of free speech. Both the district court and the Eighth Circuit held that Norwood had an opportunity to raise his claim during the state proceedings under Commission Rule 12 F, but that he failed to do so. Therefore, under the abstention doctrine announced in Younger v. Harris, 401 U.S. 37 (1971), the federal courts should abstain from deciding this issue. Although the district court had also held that, even if abstention was not warranted the confidentiality rule was constitutional, the Eighth Circuit declined to decide that issue given the dismissal under Younger. Assistant Attorney General Joe Cordi handled this appeal for all defendants.

In September 2005, Judge Leon Jamison was unanimously voted to become the Commission’s Vice Chairman.