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JUDICIAL DISCIPLINE v. THOMPSON5/10/2000
This case involves an original action brought by the Arkansas Judicial Discipline and Disability Commission (Commission) against Judge Morris Thompson, recommending that Thompson be removed from office for having willfully violated the Canons of the Code of Judicial Conduct.
When Thompson was elected in November 1992 as Sixth Judicial Circuit Judge, Fifth Division, and took office on January 1, 1993, he was co-counsel representing Jacqueline Ford in a personal injury claim and Ada Gant (and other family members) in a wrongful-death suit. These claims were pending in Louisiana, and Judge Thompson remained involved in these two matters after he was judge. His involvement later led to a complaint being filed against him with the Commission.
During the Commission's investigation of the Ford and Gant complaint, other possible Code violations unfolded. After considerable discovery and responses were exchanged between the Commission and Judge Thompson, the nine-member Commission directed that three of its members conduct a hearing regarding the formal allegations filed against Judge Thompson, and it instructed the three-member panel to make its findings and recommendations to the full Commission. The hearing commenced on October 20 and ended on October 22, and following the hearing, on November 15, 1999, the panel made its findings and recommendations to the full Commission. The panel determined that convincing evidence showed that Judge Thompson had willfully violated the Canons of the Judicial Code, and had also violated Arkansas statutory law. The panel listed the following violations:
(1) When representing Ford in her personal injury case after January 1, 1993, Judge Thompson willfully violated Canon 4G of the Code by practicing law after he became a full-time judge. The same canon was violated by Judge Thompson when representing Ada Gant and others after January 1, 1993, in their wrongful death litigation.
(2) In connection with Ford's claim, Ford and Judge Thompson had executed a subrogation agreement with the Southern Council of Industrial Workers (Southern Council) for medical expenses paid on Ford's behalf, and, contrary to Canons 1 and 2A of the Code, Judge Thompson willfully failed to honor the agreement.
(3) Judge Thompson willfully violated Canons 4A, D, H, and I and Ark. Code Ann. §§ 21-8-203 and -204(b)(1) (Repl. 1996), by failing to properly file reports of outside income on the financial interest statement required to be filed with the Secretary of State.
(4) Judge Thompson willfully violated Canons 1 and 2A of the Code by writing fifty-nine insufficient checks between 1993 and 1997.
(5) Judge Thompson further violated Canons 1 and 2A by failing to pay his federal income taxes, even though he had received sufficient income to pay them.
(6) Judge Thompson violated Canons 1 and 2A and Ark. Code Ann. § 16-10-410(b)(3) (Repl. 1999), when he violated Ark. Code Ann. § 27-14-306 (Repl. 1994), by placing the license tag belonging to his 1981 Toyota on his Ford pickup truck.
The Commission additionally requests that we consider a seventh point: Whether Judge Thompson violated Rule 1.15 of the Model Rules of Professional Conduct because he deposited client funds in his "operating account," rather than a "trust account." Considerable testimony was taken on this point, but no specific mention of it is made in the Commission's findings. Judge Thompson concedes that we have the authority under Rule 12D of the Rules of Procedure of the Arkansas Judicial Discipline & Disability Commission (1999), to consider whether he violated Rule 1.15, since we are considering his removal. Thus, we will address the Ru
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