The state Court of the Judiciary, which investigates complaints against judges, disposed of a record 440 cases during the past fiscal year, with a majority dismissed as having no merit, said Chancellor Steven Stafford, presiding judge for the 16-member court.
“The court’s disciplinary counsel, retired Court of Criminal Appeals Judge Joe Riley, summarily dismissed 60 percent of the complaints as having no merit,” Stafford said. “An additional 31 percent were dismissed after a preliminary investigation. Only 9 percent of the complaints went beyond a preliminary investigation. Of these cases, seven were dismissed after a full investigation; 26 were dismissed with a warning; three resulted in deferred discipline agreements; two resulted in private sanctions; and one resulted in a public censure.”
Stafford said 345 of the complaints were filed from July 1, 2004, through June 30, 2005. The majority of complaints received, 116, were against criminal court judges, while 75 were general sessions judges; 67 circuit court judges; 31 chancellors; 12 juvenile court judges; nine municipal court judges; eight appellate court judges; eight referees; eight special judges; three commissioners; two probate court judges; and six others.
The court, which includes 10 judges, three lawyers and three lay members, receives complaints alleging judicial misconduct such as bias, discourtesy, conflicts of interest, engaging in improper political activity and abusing the powers of office. The disciplinary counsel reviews each complaint and, if warranted, conducts interviews and a further investigation. If the disciplinary counsel believes there is evidence to support a complaint, he recommends a full investigation to a panel of the Court of the Judiciary. Other cases are dismissed as meritless.
In cases in which a possible violation is found, the disciplinary counsel will recommend a sanction or may recommend the filing of formal charges. If the court’s Investigative panel agrees, a trial may be conducted and sanctions may be imposed ranging from suspension to a recommendation that the judge be removed from office.