State’s top court orders Maggio relieved of cases

Judge’s lawyers say justices short-circuited due process

Special to the Democrat-Gazette - 03/06/2014 -Judge Mike Maggio
Special to the Democrat-Gazette - 03/06/2014 -Judge Mike Maggio

CONWAY - The Arkansas Supreme Court on Monday relieved Circuit Judge Michael Maggio of all cases until further notice because, it said, “the orderly administration of justice has been severely compromised” in his courtroom.

The law firm representing Maggio, who is the focus of at least two state investigations, accused the state Supreme Court of taking “extraordinary action” that “short-circuited” his due-process rights.

Maggio, 52, will remain a judge until he resigns, is removed from office or reaches the final day of his elected term on Dec. 31. Earlier this month, after one of the investigations came to light, he withdrew from a race for the Arkansas Court of Appeals.

Chief Justice Jim Hannah signed the Supreme Court order, which the entire court approved unanimously, spokesman Stephanie Harris said.

“I think it is unprecedented,” Harris added.

Hannah’s order said in part: “The supreme court has been advised that court operations in the Twentieth Judicial Circuit, Division2, have been disrupted, and that the orderly administration of justice has been severely compromised, due, in part, to recusal issues.”

In an emailed statement to the Arkansas Democrat-Gazette late Monday, attorney Lauren White Hamilton of the North Little Rock law firm representing Maggio said, “The Arkansas Supreme Court has taken extraordinary action on its own motion and short circuited the rights of due process afforded to all circuit judges under Amendment 66 of the Arkansas Constitution.

“Today’s action by the Arkansas Supreme Court is unprecedented inasmuch that in prior cases involving circuit court judges who were practicing law while on the bench or who were allowing criminal defendants to stay in their home, the Court failed to act,” the statement on Maggio’s behalf added. “The Court cites a need for this action due to ‘recusal issues,’ however to our knowledge, there has been only one request for a recusal.”

Hannah said in the order that “it is necessary to appoint by special order, a special judge, or judges” to the division “to hear all pending cases and any cases filed while this order is in effect.”

“The special judge, or judges, along with the circuit judges from the other four divisions, shall have exclusive authority over the Division 2 docket from the date of this order until further notification,” Hannah added.

The order “should not be deemed as a judgment about, or determination of, any issues” before the Arkansas Judicial and Disability Commission,” the chief justice wrote.

That commission has been investigating campaign contributions made to seven political action committees to which nursing-home tycoon Michael Morton or his businesses donated money July 8. That same day, Maggio heard a plea by one of Morton’s 32 nursing homes to reduce a jury’s $5.2 million judgment against it.

Three days later, Maggio reduced the judgment to $1 million. The action came in a negligence lawsuit resulting from the death of Martha Bull, a 76-year-old patient who died at Greenbrier Nursing and Rehabilitation Center in 2008.

Six of the PACs later donated money almost exclusively to Maggio. Morton has said he thought all seven PACs were created for Maggio’s campaign, a statement denied by Chris Stewart, the Little Rock lawyer listed as the “resident agent/officer” on all seven PACs.

The commission also is investigating comments that Maggio has acknowledged making online about a wide range of topics, including women, divorce cases, gays, incest, bestiality and a confidential adoption case involving actress Charlize Theron.

Hannah cited authority under Amendment 80 to the Arkansas Constitution for the order Monday. The chief justice said that amendment “provides that the supreme court, through the Chief Justice, shall exercise general superintending control over circuit courts, which includes the power to temporarily appoint special judges.”

That amendment says that if the chief justice determines there is a need for a special judge to be temporarily appointed, the chief justice may assign one “during the period of temporary disqualification, absence or need,” Hannah said.

Harris, the state Supreme Court spokesman, said that, to her knowledge, the high court has previously taken similar action in situations where a judge could not preside over cases because of illness or extended absence but not in a situation resulting from judicial investigations.

The Supreme Court will appoint a judge to hear any cases the 20th Judicial District’s other four judges cannot hear. That action is “imminent,” she said. Usually, retired judges are asked to help, she noted.

Often, the state’s Administrative Office of the Courts will work with the administrative judge in a district on caseload issues when something like this happens, Harris said.

Maggio was the administrative judge as of last week. It was unclear whether another judge has taken over or will assume that position.

The number of cases before Maggio was unavailable late Monday. On a single day last week, he had a 57-page docket of cases that were to go before him for status hearings or other matters. His docket includes hot-check cases, as well as other criminal and some civil cases.

Thomas Buchanan, the attorney representing two of Bull’s daughters, said, “I think it’s wise for him [Maggio] to do what the Arkansas Supreme Court ordered him to do. Beyond that, I really don’t have any comment.”

Daughters Rosey Perkins of Houston and Rhonda Coppak of Bigelow have filed complaints with the judicial commission and the Arkansas Ethics Commission.

One of the issues under investigation is whether Maggio’s campaign sought donations from Morton before it was allowed to do so. The Arkansas Code of Judicial Conduct prohibits judicial candidates from seeking or accepting donations until 180 days before an election - May 20 this year.

Buchanan said Monday that he is “actively investigating all of our options” on what to do next regarding the multimillion-dollar judgment Maggio reduced. “We’ve narrowed them down to a couple different options, but we haven’t decided what specific course of action we’re going to take on behalf of our clients.”

Helen Rice Grinder, a Conway attorney, filed the recusal motion cited by the law firm representing Maggio. That motion was in a post-divorce property-division case in which Grinder represents the former wife.

Grinder said she knew “of some [other recusal motions] that were going to be filed” if Maggio had continued to preside over those cases.

Last week, Lynn Plemmons, a public defender, told the Democrat-Gazette that he had asked two defendants who were scheduled to appear before Maggio that day if they wanted Maggio to recuse from their cases.

Plemmons said one did and one did not, and that he had both sign documents to that effect. The one who wanted Maggio to recuse accepted a negotiated plea, negating the need for a recusal request on that defendant’s behalf, Plemmons said.

Front Section, Pages 1 on 03/25/2014

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