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2018 Annual Report STATE OF ARKANSAS Judicial Discipline and Disability Commission Judicial Ethics Advisory Committee 2018 ANNUAL REPORTS TABLE OF CONTENTS _________________________ FROM THE CHAIR………………………………………………………………...… 3 CHAIRMAN OF THE COMMISSION………………………………………………. 4 COMMISSION MEMBERS………………………………………………….............. 5-13 EXECUTIVE DIRECTOR……………………………………………………………. 14 I. INTRODUCTION……………………………………………….……………... 15 II. AUTHORITY AND JURISDICTION….………………………....................... 15-16 III. PROCEDURE…………………………………………………………………... 17-18 IV. CONFIDENTIALITY…………………………………….……………............. 19 V. MEMBERS……………………………………………………………………… 20 STAFF…………………………………………………………………………… 20 VI. COMMISSION ACTIVITIES……………………………………………….… 21 VII. BUDGET………………………………………………………………………… 22 VIII. COMPLAINTS, DISPOSTIONS & WORKLOAD DATA………………….. 23-24 IX. JUDICIAL ETHICS ADVISORY COMMITTEE…………………………… 25 APPENDICES A. Arkansas Code of Judicial Conduct………………………………….……….. 27-56 B. Amendment 66…………………………………………………………………. 57 C. Legislation Concerning the Commission……………………………………… 58-61 D. Commission Rules of Procedure………………………………………............. 62-71 E. Guidelines and Operating Policies for Commission Members, Alternates and Staff…..……………………………………………................... 72-76 F. Procedural Rules for the Judicial Ethics Advisory Committee……………… 86 G. Summaries of Ethic Advisory Opinions and Topical Index…………………. 87-135 Arkansas Judicial Discipline and Disability Commission FROM THE CHAIR The Judicial Discipline and Disability Commission continued its function of receiving and investigating complaints concerning the ethical conduct or disability of judges. This was done while maintaining the necessary balance between judicial independence and public accountability. Judges must be free to act in good faith without concern or fear that their decisions will subject them to disciplinary investigation. At the same time, they are held accountable for their ethical conduct both in and out of the courthouse. The annual report will assist the public and the judiciary in understanding the ethical standards for proper judicial conduct by providing a clear explanation of the operation of the Commission and setting out the number and nature of complaints the Commission has considered in the past year. An analysis of the data for 2018 show that the vast majority of Arkansas judges seek to, and do, comply with the Code of Judicial Conduct. Arkansans can take pride in our judges, the judicial system and the high ethical standards which have become its tradition. Judge Kirk Johnson, Chairman Arkansas Judicial Discipline and Disability Commission CHAIRMAN Judge Kirk Johnson (JUDGE MEMBER) Texarkana , Arkansas VICE CHAIRWOMAN Rev. Maxine Allen (PUBLIC MEMBER) Little Rock, Arkansas VICE CHAIRWOMAN REV. MAXINE ALLEN-(PUBLIC MEMBER )-Rev. Maxine Allen is the first African American woman to be Ordained Elder in The United Methodist Church in Arkansas. The daughter of Charles and Ruby Wilkerson, she attended and graduated from Little Rock public schools. Allen holds a degree in Philosophy and Religion from Philander Smith College, Little Rock, Arkansas; and a Master of Divinity Degree from Interdenominational Theological Center’s Gammon Seminary (UM), Atlanta, Georgia. Currently she serves as the Director of the Wesley Foundation at UALR and Minister of Ethnic Ministries for The Arkansas Conference of The United Methodist Church. She has served as a pastor, a teacher of religion, a mentor of young clergy, and participated in mission trips to Haiti, Jamaica, the Democratic Republic of the Congo and Russia. She has two adult children and a granddaughter. She is an advocate for educational opportunity for all, women’s and children’s issues, and has served on the Minority Teacher Recruitment Council as an appointee of Governor Huckabee, Rev. Allen was appointed to the Judicial Discipline and Disability Commission in 2007 by Governor Mike Beebe. She was reappointed in 2013 by Governor Beebe as a regular member of the Commission. ANGELA HOPKINS – (PUBLIC ALTERNATE MEMBER) PHILLIP BLANKENSHIP – (PUBLIC MEMBER) Judge Member Tommy Fowler (Judge Member) was elected as a State District Judge for Craighead County in March, 2016 and took office January 1st, 2017. Prior to that, he was a Circuit Judge in the Second Judicial District after being appointed by Gov. Asa Hutchinson to fill out the remaining term left after the passing of Judge Lee Fergus. He was a 2017 Visionary Arkansan as selected by the Arkansas Times news magazine for his changes implemented by the Craighead County District Court. He was recently selected by the Jonesboro Sun one of 12 Who Make It Happen. He currently serves on several state judicial committees including the Judicial Discipline and Disability Committee. Before become a Judge, he had served as a Deputy Prosecuting Attorney for the 2nd Judicial District in Craighead County for 15 years. He prosecuted misdemeanor cases for four state agencies; Craighead County and five municipalities while maintaining a private practice. Judge Fowler graduated from Arkansas State University in 1993 with a Bachelor of Fine Arts and was the recipient of the R.E. Lee Wilson Award, the highest honor bestowed on one graduating senior. After clerking for the elected prosecutor for two years, he attended the University of Arkansas School of Law in Fayetteville and graduated in 1998. He has recently retired as the Director of the American Legion Arkansas Boys State program after being involved for 31 years. He resides in Jonesboro and is a member of Blessed Sacrament Catholic Church. Chris Gardner-(Attorney Member) D. Chris Gardner is the owner and principal of Gardner Law Firm, P.A. of Jonesboro, Arkansas, a business and commercial law firm. He also provides ongoing corporate and general counsel services to a number of companies and organizations, and serves as Chairman of the Board of E.C. Barton & Company. Gardner’s practice focuses primarily upon commercial transactions and litigation, health care law and transactions, business law, finance and banking law, commercial real estate, and corporate law. Gardner was formerly a principal of the law firm of Womack, Landis, Phelps, McNeill & McDaniel in Jonesboro, and prior to that was corporate counsel to Entergy Power Group, a venture capital firm which developed, owned and operated foreign and domestic electric power projects. Entergy Power Group has since morphed into several subsidiaries of Entergy Corporation, parent company of Entergy Arkansas and one of the largest electric utility companies in the U.S. Gardner is originally from Paragould and graduated from Greene County Tech High School. He received his Bachelor of Arts degree, cum laude, from Arkansas State University and his law degree with honors from the William H. Bowen School of Law, University of Arkansas at Little Rock. He is married to Dr. Shelly R. Gardner, and they have two children, Evan and Olivia. Dr. Gardner received her Doctor of Pharmacy from UAMS School of Pharmacy in Little Rock and has been in the active practice of pharmacy since 1995. In 2015, Gardner was appointed by Arkansas Gov. Asa Hutchinson to the Arkansas Pollution Control & Ecology Commission and also as a Special Associate Justice to the Arkansas Supreme Court. Gardner is a member of the Craighead County, Arkansas and American Bar Associations. Gardner has served as Program Chair, Secretary, Treasurer, Vice President and President of the Craighead County Bar Association. In connection with his membership in the Arkansas Bar Association, he has been appointed to the Business Law, Intellectual Property Law and Health Law Sections as well as the Judicial Nominations Committee. In connection with his membership in the American Bar Association, he has been appointed to the Business Law and Health Law Sections as well as the Corporate Litigation Committee, the Subcommittee on Financial Institutions Litigation, and the Corporate Practice Committee. Gardner is also a member of the American Health Lawyers Association, Delta Theta Phi, a legal fraternity, and The Federalist Society for Law and Public Policy Studies, an affiliation of legal theorists and public policy analysts. KIRK JOHNSON (JUDGE MEMBER—VICE CHAIRMAN) - is Circuit Judge for Division Three of the Eighth Judicial Circuit, South, comprised of Miller and Lafayette Counties in Southwest Arkansas. He is licensed member of the bar for the State of Arkansas and formerly licensed in the State of Texas. He graduated from the University of Arkansas at Fayetteville in 1971 with a bachelor’s degree in Business Administration and from the University of Arkansas School of Law in Fayetteville in 1974 with a Juris Doctor degree. He is the former President of the Texarkana Bar Association. Judge Johnson was Deputy Prosecuting Attorney for Miller County from 1977-1982. He served as Prosecuting Attorney for the Eight Judicial District from 1983-1986 which was comprised of Miller, Lafayette, Nevada and Hempstead Counties. He served as District Judge for Texarkana, Arkansas and Miller County, Arkansas from 1991-2002. He was elected to the Board of Directors for the District Judges Association and served as Secretary, Treasurer and later as 1st Vice President. He currently serves as the Chairman of the Alternate Dispute Resolution Committee for the Arkansas Judicial Council and was appointed by the Arkansas Supreme Court to the 2005 Committee for the revision of the Arkansas Model Criminal Jury Instructions and reappointed in 2009. He was appointed by Governor Mike Huckabee to serve on the
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