Panel scolds judge over fees levied to alter pleas

The Arkansas Judicial Discipline and Disability Commission sent a “letter of admonishment” to a Craighead County judge for imposing a fee on certain defendants in criminal cases who changed their pleas.

In the letter to Craighead County District Judge Keith Blackman, the commission wrote that his conduct “falls short of cause for formal discipline, but is conduct warranting disapproval by the commission.”

David Sachar, executive director of the commission, wrote in the letter that after taking office in January 2005, Blackman began charging a $35 fee for certain defendants who changed their pleas from innocent to guilty.

The judge first called the fee a “witness fee” under Arkansas Code Annotated 16-43-801, but then began using the title of “contempt fee” under Arkansas Code Annotated 16-10-108. He told the commission that he used the fee to prevent people from “abusing the legal process by causing untold hours of work and [unnecessarily requiring the] attendance of witnesses and court and law enforcement personnel.”

Sachar wrote that the commission found Blackman violated several judicial canons, including rules on impartiality, fairness and compliance with the law.

“[I]t is the judgment of the JDDC that your conduct is hereby admonished. … This public sanction constitutes adequate discipline and no further action is warranted,” Sachar wrote.

Arkansas, Pages 10 on 03/22/2014

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