Complaints against judge dismissed

In letter, judicial panel cautions jurist, says it has concerns

A state commission advised Circuit Judge Tom Hughes on Tuesday that it has dismissed "multiple complaints" against him but cautioned him to avoid "even the appearance of impropriety."

Hughes presides over the First Division of the 17th Judicial Circuit, which includes White and Prairie counties.

David Sachar, executive director of the Arkansas Judicial Discipline and Disability Commission, announced the commission's findings in a one-paragraph news release followed by a three-page letter to Hughes.

An investigative panel of the commission reviewed "multiple complaints" filed by three attorneys and one litigant, Sachar wrote.

"While the investigation did not reveal sufficient evidence ... to recommend action for judicial misconduct, wrongdoing or incapacity under the [Arkansas Code of Judicial Conduct]," the panel was concerned about Hughes' conduct, Sachar wrote. Judicial rules cited in Sachar's letter related to judicial fairness and courtesy.

Sachar said the panel wanted to remind Hughes "that due process of law requires notice and an opportunity to prepare a defense and to be heard."

Sachar said the panel considered Hughes' "sporadic and delayed reactions" to attorney requests that the judge recuse, or step aside, from hearing certain cases.

"The Panel recognizes the delay could be the result of staffing challenges but urges you to resolve any internal problems expeditiously," Sachar wrote.

Sachar also said Hughes should disqualify himself in any proceeding where the judge's "impartiality might reasonably be questioned."

The panel urged Hughes to evaluate similar issues "more fully in the future and exercise the appropriate protections afforded litigants and their attorneys, even if you ultimately rule in opposition to them," Sachar added.

He cautioned Hughes that the complaints were dismissed "without prejudice" and could be re-evaluated should similar complaints be filed against him in the future.

Hughes could not be reached for comment by phone after normal business hours. His residential number was unavailable.

State Desk on 03/29/2017

Upcoming Events