Arkansas News Bureau
LITTLE ROCK — The state Supreme Court on Thursday suspended Phillips County Circuit Court Judge L.T. Simes from the bench law through the end of his term next year over judicial misconduct accusations.
In a 23-page ruling, the high court said Simes could not practice law during his suspension but could resume practicing law and run for a judgeship after completing his suspension at the end of 2010.
The court’s 5-2 decision rejected a recommendation by the state panel that disciplines judges that Simes be permanently removed from the bench.
The Judicial Discipline and Disability Commission earlier this year recommended Simes be removed from the bench over accusations he practiced law after being elected judge in 1997.
Simes had argued he had been fired from acting as administrator of an estate, but records indicated he bills for work on the case after being elected to the bench.
“We conclude that the conduct of Judge Simes does not warrant permanent removal from the bench,” Robert Brown wrote for the majority. “We conclude further that the more appropriate sanction for his conduct is suspension without pay.”
Brown said in the opinion that Simes’ actions did not show a “pattern of misconduct” and that the violation of the judicial canons did not occur in the courtroom.
In a dissenting opinion, Chief Justice Jim Hannah said Simes should be permanently removed from the bench.
“Maintaining public confidence in the integrity of the judiciary requires no less sanction,” Hannah wrote.
Justice Donald Corbin joined in the dissent.
Justice Paul E. Danielson dissented in part and concurred in part with the majority opinion, writing that Simes should be suspended for 90 days without pay.
