A Union County judge issued arrest warrants beyond his authority and cursed and berated defendants who appeared in his court, according to a letter of censure issued by a state commission.
The censure letter against Union County District Court Judge George Van Hook Jr. of El Dorado from the Judicial Discipline and Disability Commission followed an investigation into six separate complaints by defendants.
A censure is "the highest written sanction" the commission can issue to judges, said David J. Sachar, executive director of the Judicial Discipline and Disability Commission.
The censure notes Van Hook was "candid and honest" in his responses to the complaints, which prevented more serious action from being taken against him.
The censure instructed Van Hook to do the following or face further disciplinary action:
"Refrain from issuing ... warrants from the bench without probable cause determinations from local law enforcement, unless otherwise specifically allowed by law; maintain restraint in dealings with litigants and/or their counsel before you at all times; maintain patience, dignity and courtesy toward all litigants, witnesses, counsel and staff at all times; and disqualify yourself ... in any and all cases where you feel unable to maintain restraint in dealings with litigants and/or their counsel before you."
In addition, the Judicial Discipline and Disability Commission plans to monitor Van Hook's court over the next two years by sending random observers to watch his proceedings, noting that new sanctions could be filed against him if his behavior doesn't comply with the state's judicial conduct code.
Van Hook was in court all day Friday and unable to comment, according to his office. Sachar declined to comment, saying, "I would like the documents to speak for themselves."
Sachar notes in the censure letter that Van Hook "engaged in a repetitive pattern of exceeding the lawful scope of his authority as a district court judge in the State of Arkansas" and showed a "repetitive pattern of rude, impatient and undignified temperament, promoting lack of order and otherwise deficient decorum in the courtroom."
Sachar continued: "The totality of the judge's conduct exhibited an attitude of bias, prejudice, partiality and a general lack of fairness against persons appearing in Union County District Court. All factual allegations of each complaint referenced above occurred with a gallery full of citizens and/or court staff and inflicted damage on the public confidence of the judiciary."
The first complaint against Van Hook was filed by Warren Finney on Oct. 21, 2013, according to the censure letter. Finney, who owns an automobile towing service, had been in a dispute with a man after towing his vehicle and decided to press charges against him. A short time later, Finney told the court that he wanted to drop the charges because he and the man had settled their dispute outside of court.
"Once Finney expressed this desire to the court, the judge appeared angry, agitated and frustrated, and the judge verbally berated Finney from the bench. Finney was immediately detained, arrested and booked into the Union County Jail," according to the censure letter.
Several months later, all criminal charges against Finney were dismissed by a special judge who quashed the arrest warrant Van Hook had issued. The special judge found that "no probable cause documentation was presented by any law enforcement officer or the Union County prosecuting attorney," the censure letter notes.
The second complaint was filed on April 23, 2014, by Andre Ford, who had been charged with driving on a suspended driver's license and no proof of liability insurance. Ford requested a continuance and court-appointed attorney during his first appearance before Van Hook, but the judge instead "issued a warrant for Ford's arrest, charging him with obstruction of governmental operations. No probable cause documentation was presented by any law enforcement officer or the Union County Prosecuting Attorney," the censure letter said.
As in Finney's case, "once Ford made his request known, the judge appeared angry and agitated, and the judge verbally berated Ford from the bench," according to the censure letter.
At a trial on the obstruction charges, the state moved for dismissal, but the "judge refused to accept the state's motion...thereafter [finding] Ford guilty of a charge the state offered no evidence to support," the censure letter notes.
The Union County public defender's office appealed the judge's ruling and "ultimately the charge against Ford was dismissed at the request of the state," according to the censure letter.
The other complaints were filed anonymously, but details about them outlined in Van Hook's censure letter note similar patterns of misbehavior, the censure letter said. On June 23, 2014, for example, Van Hook "verbally berated Richard Pierce while he appeared in Union County District Court, repetitively suggesting the marks on his arm were track marks from using drugs.
"All the while, Pierce denied the judge's allegations, and the court's own bailiff corrected the judge on the appearance of the marks on Pierce's arms. The judge spoke to Pierce in a discourteous and undignified manner, and this demeanor is consistent with the judge's demeanor [in other cases]."
State Desk on 01/17/2015