The not guilty verdict a jury returned Friday in Division 2 Circuit Judge Wade Naramore's negligent homicide trial doesn't lift the paid suspension the Arkansas Supreme Court imposed in February, the state's Judicial Discipline and Disability Commission said Tuesday.
Executive Director David J. Sachar said despite statutory language that terminates a suspension if a judge is cleared of the criminal charge that initiated it, JDDC rules of procedure sustain the suspension until an investigative panel has made a disciplinary determination.
The commission's investigative panels -- comprising a judge, an attorney and a lay person -- meet monthly to discuss all active cases. Their proceedings are confidential.
"They meet like a grand jury," Sachar said. "They'll often ask for transcripts, documents and records, which take time to obtain. All investigations are thorough and deliberate. While not lengthy, they certainly take several months at the minimum."
Sachar said the panel could dismiss the complaint he brought against Naramore following his February arrest for the July 24, 2015, death of his son. It could also reach an agreement with him. Previous agreements have included the commission issuing public letters of censure or reprimand, or judges promising to refrain from the conduct that initiated an investigation.
If an agreement can't be negotiated, a formal hearing before the full JDDC panel of three judges, three lawyers and three lay people would be needed to resolve the complaint.
"It's like a trial," Sachar said. "There's rules of evidence, motions and discovery, and it would all be open to the public."
Commission members investigating a complaint don't serve on the hearing panel that adjudicates it, Sachar said. The commission includes the regular nine-member panel appointed by the governor, state Supreme Court, attorney general, president of the Senate and speaker of the House -- along with a nine-member alternate panel.
The hearing panel can find by a majority ruling that there's been no misconduct and dismiss the complaint, determine that discipline is warranted and prescribe corrective action and conditions on a judge's future conduct or impose formal discipline. The latter outcome involves a recommendation to the state Supreme Court that a judge be removed from office or suspended with or without pay.
The commission has to submit its findings and recommendations within 60 days of a disciplinary hearing.
The state Supreme Court, acting on the JDDC's recommendation, suspended Naramore with pay in February under Rule 10 of the JDDC's rules of procedures. It requires the commission to convene within 10 days of the filing of a felony or misdemeanor charge against a judge to consider a recommendation for suspension with pay.
Sachar said recommending a paid suspension or allowing a judge to continue serving are the only options available to the commission when a judge is charged with a crime. Naramore hasn't presided over Division 2 since his son died last summer from environmental hyperthermia after being left in a hot car.
The state Supreme Court has issued more than 170 assignments for special judges to serve in Naramore's stead since September. More than $44,000 has been spent on Division 2 substitutes from money the Legislature appropriated to the auditor of the state for special and recalled judges.
Local on 08/24/2016