It was claimed on Monday by an online alternative news website, bluehogreport.com, that Maggio may be the author of embarrassing and misogynistic posts to a LSU online forum under the pseudonym “geauxjudge” — which would tend to raise questions of decorum possibly amounting to a violation of the state Code of Judicial Conduct. The person writing the posts also revealed that Charlize Theron, the actress, adopted a child in a Faulkner County proceeding.
Generally, all adoption proceedings are sealed by law and few people not directly involved in actress’s adoption knew about it until it was published online by the Blue Hog Report and Arkansas Times on Monday.
Maggio said in a press release on Tuesday that he was “unaware of any [Judicial Discipline and Disability Commission] complaint,” and was “prohibited from commenting” if there was one.
During an investigation into alleged judicial misconduct, the state Judicial Discipline and Disability Commission may delay notifying the subject of the investigation “so that court proceedings may be monitored or certain evidence obtained,” according to a summary of usual procedure on the JDDC’s website.
Formal notice to a judge comes at the conclusion of the preliminary investigation, when the judge “is then formally notified of the substance of the allegations and given an opportunity to respond both in writing and at a formal appearance before the commission.”
At this point the JDDC may dismiss the complaint based on the judge’s response, or if the misconduct is found to be “of a relatively minor nature” the JDDC may end matters there with a public admonition or “informal adjustment” such as professional counseling or other assistance.
But if the misconduct warrants a formal disciplinary procedure, a formal disciplinary hearing before the JDDC will be scheduled. This hearing is open to the public and operates much like a civil trial, with evidentiary and procedural trial rules.
If at the end of the formal disciplinary hearing the JDDC decides to take a disciplinary action, it has the authority to reprimand or censure (sternly rebuke) a judge or to recommend to the Arkansas Supreme Court that the judge be suspended or removed from office.
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How Judicial Misconduct Investigations Work
They don't really work. That's the truth of it.
ReplyDeleteMy personal experience with judicial discipline in another state is that the agency failed and refused to obey the law requiring an investigation.
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