Supreme Court of Arkansas

Arkansas Judicial Discipline and Disability Commission v. Honorable L.t. Simes

May 5, 20112011 Ark. LEXIS 186

Summary

The court partially accepted and modified the Commission’s findings but rejected removal of Judge Simes and ordered a reprimand. It held that some alleged legal errors were not disciplinable absent clear and convincing evidence of bad faith, while finding bad faith where Judge Simes knowingly conducted Rule 11 proceedings before resolving the recusal allegations. The court also rejected charges not adequately noticed and declined to reach or preserved other claims. Justice Baker, concurring in part and dissenting in part, would have found no violation of the Code of Judicial Conduct and would have rejected discipline altogether.