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| Lewis County General Sessions Court Judge Michael Hinson |
NASHVILLE, TN (WSMV) - A Lewis County judge has been suspended for 30 days by the Tennessee Board of Judicial Conduct after an ethics complaint was filed against him.
The Board of Judicial Conduct issued the order calling for Judge Michael E. Hinson, the general sessions judge in Lewis County, to serve the suspension beginning Oct. 2 through Oct. 31.
Hinson heard an order of protection matter in which a wife was seeking an order of protection against her husband on June 4, 2021. Both parties and their attorneys were present in court. At the conclusion of the hearing, Hinson ruled there was insufficient evidence to issue the order and the filings would be addressed by the court handling their divorce. In a reference to the parties’ divorce and child custody related issues, Hinson stated that “Judge (Michael E.) Spitzer would wade through the bulls**t,” with multiple people present in the court room.
In another case on June 4, 2021, docket, Hinson stated to the parties that they were putting their child custody dispute “in the hands of a guy who wears a costume” to work, a reference to his judicial robe. Multiple people in the courtroom heard this comment as well.
In a notice dated June 24, 2021, Hinson was advised of the investigation into the complaint.
In a response dated July 9, 2021, Hinson acknowledged making the comments. He explained that he did not intend to make the comments “in a derogatory manner,” but rather as a way of encouraging the parties to resolve their differences without judicial intervention in order to achieve the best outcome for themselves and their children.
The Board of Judicial Conduct said in its ruling that, “judges are expected to maintain the highest standards of conduct and dignity of judicial office at all times.” It also said that while Hinson “may not have intended to be disrespectful or demeaning to any litigant or to the legal process, those who heard his comments have no way of determining his intent apart from the words used. Once such comments are made, the damage is done.
“In short, as the occupant of an honored position of public trust, a judge’s role includes cultivating respect for the judicial process and its participants in both words and deeds. The comments at issue did just the opposite.”
Tuesday’s ruling is the second time in the past year Hinson has been disciplined by the Board of Judicial Conduct.
Hinson
was issued a reprimand by the board in December for not following
COVID-19 plans for his judicial district. According to the reprimand,
Hinson allowed his courtroom to be filled to capacity, even to the point
of members of the public having to stand shoulder to shoulder along the
walls because all the seats are taken. Hinson also made a comment to
the courtroom audience that he wished Justice Jeff Bivins would win an
award so that the COVID-19 mandate from the Tennessee Supreme Court
would end.
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