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| DON BOURNE. KARK |
In August, the Arkansas Judicial Discipline and Disability Commission recommended that the Arkansas Supreme Court suspend Bourne without pay for 90 days, with 75 days held in abeyance if his behavior improved. He also accepted a censure. The deal meant that, with good behavior, he could hold his office until the end of his term on Dec. 31, 2024.
The disciplinary body moved to revoke the suspension held in abeyance on Dec. 2, following five more complaints about the judge’s conduct.
Bourne, who had 20 years as a judge and 20 years as a city attorney and deputy prosecutor, had a sketchy record dating back a long while. As we wrote in August:
One count of the complaint said he made demeaning comments to defendants — such as telling Spanish speakers they should learn English and making negative comments about people who were not from Pope County.
Another count said he had mishandled indigence requests. Requests for indigent status were rarely approved and records weren’t kept. In some misdemeanor cases, he told defendants he wouldn’t appoint an attorney, telling them instead “Get a job.” The count cites extensive reporting by KARK on Bourne’s court.
Bourne had been disciplined before for making a campaign contribution in a partisan political race.
The finding said Bourne lacked “humility and compassion” and he did not attempt to make court fair to the powerless and vulnerable.
It said Bourne’s actions were part of an extended pattern of conduct and he didn’t appear to see the problem and begin to change his behavior until advice from legal counsel.
The Supreme Court followed the disciplinary recommendation. He agreed to several remedial measures.
*Observing and reflecting on the conduct of other judges.
*Record proceedings in his court.
*Allow commission courtroom monitors
*Attend a judicial ethics class.
*Read about and take training about bullying and harassment.
I’m attempting to learn more about the nature of new allegations that prompted his early departure from the bench.
UPDATE: David Sachar, executive director of the commission, said days after Bourne was back on the bench he continued making discourteous comments about people in court — about their weight, where they lived and how they earned a living. The disciplinary staff was able to confirm complaints received about Bourne because of the recording devices installed in the courtroom as part of the previous discipline.
Sachar added:
The public should be treated with dignity, patience, and courtesy when they appear in front of a judge. This increases the public’s confidence in the justice system. Proper judicial demeanor is not an afterthought – it is a necessary quality for a judge to fulfill their oath to the people of the State of Arkansas.
Allegations of systemic mistreatment of people who appear in court are taken seriously. Judges hold incredible power. The vast majority of them wield that power effectively while also being as courteous as possible. I am thankful for the judges that uphold their oath while treating everyone with dignity.
Judge Bourne agreed to leave the bench after we filed a motion to petition the Supreme Court to instate his remaining unpaid suspension. We had new complaints – some literally from just days after he returned to the bench – and those were being investigated as well. Now all his complaints will be closed as he will no longer be a judge.
Full Article & Source:
New allegations lead to early retirement of previously disciplined Russellville judge
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