The Arkansas Lawyer Winter 2000

Page 41

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The Judicial Advisory Opinions are wr;tte" and provided by Ihe Arkansas Judicial Elhics Advisory Committee.

The Judicial Disciplinary AClions are wrillen and provided by the Judicial Discipline and Disabilily Commissioll.

Honorable OUy Neal Little Rock, Arkansas Advisory Opinion 99-08

October 5, 1999 In your request for an opinion dated September I, 1999. you stated that you were: a sitting judge on the Arkansas Coun of AppeaJs, and that you intend to seek election to that court in the year 2000. YOll have proposed sending selected residentS of the district that elects you to the Colin of Appeals. a certain lener anached co your request. We gather from your request and that letter, that you would plan to send it in the near future. The letter you have proposed purports CO be informational only in order to inform the voters that there are two positions open, and that you and the Honorable Mauzy Pittman are not opponents. This le((er comes very close to being a political le((er, but since its primary purpose seems to be to inform the voters that there are two positions from this district, we have determined that ir does nor fall within the prohibited political activiry addressed in Canon 5. See Arkansas Judicial Ethics Advisory Commi((ee Advisory Opinion #95-04. Our Committee does recommend mat you omit me names of deceased members of your family from the le((erhead, and that your quotation on your letterhead, "Influence Shared Is Influence Expanded" be deleted.

Book Review Continued from Page 37 Lewis B. Kimmelman. In Fact, the mength of the se, Aows from the numerous luminaries selected as authors for the various subjectS. I know some of these authors personally and know mos, of them by reputation. They are outstanding practicing lawyers, professors and judges. Editor-inChief Robe" L. Hague, a dis<inguished membe, of the New Yo,k City Bar, is [Q be heartily commended for supervising the production of such a superb six-volume set. Lawyers who litigate commercial cases in federal court - and those who plan to - would be wise [Q keep this dandy work ar hand. If there is any doubt about the potential value of these books [Q ,he li,iga,ing lawye" I sugges, ,har he/she hie himself/herself over to the library or crank up the Ouija board, and I'm satisfied beyond peradventure thar my enthusiasm will nor be found unwarranted.~

Judge Lee Munson Little Rock, Arkansas September 23, 1999 The A,kansas Judicial Discipline and Disability Commission today announced that a letter of admonishment was issued to Judge Lee Munson of the Municipal Court, Linle Rock, Arkansas on Sep,embe, 23, 1999. On June 9, 1999, Judge Lee Munson was arrested for driving while intoxicated (D. WI.) on 1-430 in Li,cle Rock, Arkansas. His blood alcohol content at the time was .192. Judge Munson was arraigned on July 27, 1999, and pu<suanr to his plea, was found guilty of D.WI. Judge W. Q, Hall Huntsville, Arkansas The A,kansas Judicial Discipline and Disability Commission today announced that a letter of admonishmenr was issued to Hunrsville Municipal Cou" Judge W. Q Hall for ex-parte communications prior to presiding in a Small Claims case. During the court proceedings of this case, Judge Hall displayed conduct inconsistent with the high standards essential in preserving the integrity and impartiality of the judiciary. The Commission found ,ha< Judge W Q. Hall had in engaged in ex-parte communications in a Small Claims case, First ational Bank of HuntsVille v. Mary Stone, by going to the bank and reviewing the bank's records without the defendant being present. During this court proceeding at which neither the plainriff nor defendant appea,ed, Judge Hall be<a<ed ,he husband of the defendant by swearing and yelling. La'e<, Judge Hall enre<ed judgmem on behalf of ,he plainriff. This conduc, was found to be in violation of the Code of Judicial Conduce Judge John Norman Harkey The Arkansas Judicial Discipline and Disability Commission tOday announced that a letter of informal resolution was issued to Circuit/Chancery Court Judge John orman Harkey fo, advising ,he local

law enforcement personnel as to the validity and the appropriateness of their serving outof-country court orders. The judge now realizes it was not prudent to so advise local law enforcement officials. He has pledged to refrain from such actions in the future. Local law enforcement personnel will be referred to the judge issuing the order or the prosecuting attorney's office. The Commission found that Judge Harkey's conduct might have been a cause for discipline. Judge Jim Bob Steel Pike County, Arkansas The Arkansas Judicial Discipline and Disability Commission today announced that a reprimand was issued to Municipal Com, Judge Jim Bob S,eel fo, willfully w,i,ing an insufficient check in the amount of $5,000 to a car dealership. Restitution to the car dealership was not made until a felony arrest warrant had been issued for Judge S,eel. Judge Jim Bob Steel was arrested on a felony hot check warrant. It was alleged that Judge S,eel had w,i"en a $5,000 check [Q a car dealership, in full knowledge tha< the,e were insufficient funds for payment. Judge Steel was comacted by the car dealership as [Q ,he lack of funds for paymenr of ,he check. The judge did no, provide full 'es<iturion on the check at this time, and a felony warrant for insufficient funds was requested and granted. Judge Steel was arrested on this warram. During his court proceedings, Judge S,eel pled 010 Contendere to a reduced unclassified misdemeanor charge. The judge was sentenced under Act 346 which allows for an expungemem within one (1) year of a probated semence. Judge Steel made full restitution in this matter and paid all associated court COSts.

Following Judge Steel's arrest and prior to his court hearing, the respondent judge recused himself from presiding over all criminal cases umil the ourcome of the criminal charges that were pending against him. Judge Steel resumed presiding over criminal cases during the week of July 19, 1999.

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