Judge target of 2nd ethics probe

Panel looks at Maggio nursing-home ruling, PAC funds

CONWAY - A state commission that oversees judicial ethics on Monday confirmed a second investigation of Circuit Judge Mike Maggio, this one involving contributions related to nursing homes made to his now-halted campaign for the state Court of Appeals.

“The Judicial Discipline& Disability Commission is aware of the general allegations concerning campaign contributions to Circuit Judge Mike Maggio’s race for the Court of Appeals. … I can confirm that there is an on-going investigation into this matter by this agency,” David Sachar, the commission’s executive director, said in an email.

“Judge Maggio will have full due process rights during our investigation. Procedural rules of the Judicial Discipline & Disability Commission will determine the timing of the events in the case, including when more information is released. … Possible conclusions include dismissal, agreed resolution or public charges.”

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Maggio, 52, did not return a phone message or an email seeking comment Monday.

Maggio already was being investigated as a result of online comments about a wide range of topics, including an actress’s adoption, women, homosexuals, bestiality and incest. At the time, he made the comments anonymously. After the Little Rock-based blog Blue Hog Report linked him to the posts, Maggio eventually withdrew from the appeals court race, acknowledged he made the posts and apologized for them.

The newly confirmed investigation relates to contributions made July 8 to six political action committees by nursing-home mogul Michael Morton and businesses he owns. That was the same day that Maggio heard a Greenbrier nursing home’s plea for a new trial or a reduction in a $5.2 million judgment against it.

On July 11, Maggio signed an order reducing the judgment against Greenbrier Nursing and Rehabilitation Center, which Morton owns, to $1 million in the April 7, 2008, death of patient Martha Bull.

Later, the six PACs donated money almost exclusively to Maggio’s campaign, secretary of state records show.

Morton told the Arkansas Democrat-Gazette last week that someone from Maggio’s campaign asked for his support about the time of the May trial or the case’s follow-up hearing in July. Morton said he made his donations to Maggio through PACs rather than directly because the people who were running Maggio’s campaign “wanted [me] to put them in PACs. I don’t know why, and I didn’t ask.”

The Arkansas Code of Judicial Conduct prohibits judicial campaign committees from soliciting or accepting contributions earlier than 180 days before an election, which is set for May 20. None of the groups’ records reflect any donations to Maggio before December.

Morton did not return phone messages seeking further comment Monday.

A seventh PAC also got some of its money from one of Morton’s businesses and later contributed to Maggio’s campaign, but this committee also got money from a beverage association and helped at least four other candidates.

Maggio’s February campaign finance report, filed with the secretary of state on Monday, listed no new contributions.

Arkansas, Pages 9 on 03/18/2014

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