STATE OF ARKANSAS Judicial Discipline and Disability Commission Judicial Ethics Advisory Committee 2016 ANNUAL REPORTS TABLE OF CONTENTS _________________________ FROM THE CHAIR………………………………………………………………...… 3 CHAIRMAN OF THE COMMISSION………………………………………………. 4 COMMISSION MEMBERS………………………………………………….............. 5-12 EXECUTIVE DIRECTOR……………………………………………………………. 13 I. INTRODUCTION……………………………………………….……………... 14 II. AUTHORITY AND JURISDICTION….………………………....................... 14-15 III. PROCEDURE…………………………………………………………………... 16-18 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……………… 77 G. Summaries of Ethic Advisory Opinions and Topical Index…………………. 79-125 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 2016 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 Joyce Williams Warren, Chairperson Arkansas Judicial Discipline and Disability Commission CHAIRPERSON Judge Joyce Williams Warren (JUDGE MEMBER) Little Rock, Arkansas VICE CHAIRMAN Judge Kirk Johnson (JUDGE MEMBER) Texarkana , Arkansas REV. MAXINE ALLEN - (PUBLIC MEMBER) 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. MARY H. BASSETT – (PUBLIC ALTERNATE MEMBER) is Co-Owner and Executive Broker of Bassett Mix and Associates, Inc. Real Estate Company in Fayetteville. She has been licensed as a realtor since 1984. From February 2004 until March 2005, she has served as a chairman of the Arkansas Real Estate Commission. Mary was appointed to two 3 year terms and as a member of the Association of Real Estate License Law Officials (ARELLO) was elected vice- chairman of the Commission Training Board. She has served in numerous real estate related positions including past President and Realtor of the Year for the Fayetteville Board of Realtors, chairman of Risk Reduction Committee for AR Realtors Assoc. (ARA), ARA Director-at-Large, ARA Education Committee, ARA Professional Standards Committee, ARA Nominating Committee, taught statewide education seminars on real estate ethics as sponsored by ARA, and was chosen six times to represent the State of Arkansas in development and item writing of the Arkansas and National Real Estate exams thru ASI and Promissor. Realtor designations that Mary holds are Certified Residential Specialist (CRS), Graduate of the Realtor Institute (GRI), and ARA Life Member Multi-Million Dollar Club. Mary is married to Hank Broyles and has two children, John Bassett and Jennifer Bassett-Stumaugh. ROGER F. CARTER – (PUBLIC MEMBER) is a native of Ozark, Arkansas and has lived in Hot Springs, Arkansas since 1966. He served in the U.S. Navy during the Korean war. He then graduated from the University of Arkansas, Fayetteville, with a B.S. Degree. In 1973 he purchased Aluminum Arts of Arkansas. Although semi-retired, he is still active in the Company. He is chairman of Community Counseling Services; a member and past president of Oaklawn Rotary; a member of Chamber of Commerce Redcoat Ambassadors; member of Hot Springs Urban Forestry Commission, and “50 for the Future". Mr. Carter and his wife, Jeanie, are members of St. Luke’s Episcopal Church, Hot Springs, where he has served three times on the Vestry. DON E. GLOVER - (JUDGE ALTERNATE MEMBER) - is a native of Dermott, Arkansas where he currently resides. He attended AM&N College, now UAPB in Pine Bluff, Arkansas. He has served 2 years in the Peace Corp. in Venezuela, South America and is a veteran of the Vietnam War. He received his law degree from Howard University School of Law in Washington, D.C. He is a member of the Arkansas and Louisiana Bars. He was engaged in private practice for many years and served as Dermott Municipal Judge for 6 years before he was elected to the bench as circuit judge in the 10 Judicial District in 1993. He and his wife Dorothy, are the parents of Dorcedar, a graduate of the University of Arkansas at Fayetteville and Doven, a junior, at the University of Arkansas at Fayetteville. BLAKE HENDRIX - (ATTORNEY ALTERNATE MEMBER) A former Arkansas Assistant Attorney General, J. Blake Hendrix has practiced Criminal Law in both Federal and State Courts for over twenty-eight years and, more recently, Nursing Home Litigation with Fuqua Campbell, P.A. of Little Rock. He is a member of the Bar of the Supreme Court of the United States, the United States Court of Appeals for the Eighth Circuit, the United States District Courts for the Eastern and Western Districts of Arkansas, and the Arkansas Supreme Court. He is also a member of the American Bar Association, the Arkansas Bar Association (Past Chair, Criminal Law Section), the National Association of Criminal Defense Lawyers, and the Arkansas Association of Criminal Defense Lawyers (Past Vice President, Editor-in- Chief). Hendrix had been twice named Lawyer of the Year, Criminal Defense by Best Lawyers in America (2013 and 2015) and named to the list of Best Lawyers in America every year since 2006. He has been recognized as one of the National Trial Lawyers Top 100 Lawyers and profiled by Arkansas Business in “The Defenders, Nine Arkansas Lawyers Who Know White Collar Crime” (July 2011). In 2012, Death Penalty Focus of Beverly Hills, California named him Abolitionist of the Year for his work on the West Memphis 3 case. In 2012, the Arkansas Speaker of the House appointed Hendrix to the Arkansas Judicial Discipline and Disability Commission. He lectures frequently on criminal law and legal ethics. 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