Tried to heed rules, judge tells hearing

LITTLE ROCK — Circuit Judge L.T. Simes of Helena-West Helena testified Wednesday that he believed he was following the rules in 2005 when he levied sanctions against the then-mayor of West Helena and the mayor’s attorney for filing what he considered a frivolous request.

Simes’ testimony came at a hearing before a panel of the Judicial Discipline and Disability Commission in Little Rock on whether the judge should be punished for issuing the sanctions, which were later thrown out by the Arkansas Supreme Court. Testimony in the hearing is expected to resume today.

Simes, who was first elected in 1996, said that the2005 case was the first time he had ever issued sanctions against an attorney for f iling a frivolous request.

“I’ve never done it before, and I wouldn’t have done it in this instance if I didn’t think it was appropriate,” Simes said.

Simes issued the sanctions against former West Helena Mayor Johnny Weaver and attorney Todd Murray after Murray filed a request asking the judge to recuse from a lawsuit, filed by members of the West Helena City Council, that sought the reinstatement of the West Helena police chief, who had been fired by Weaver. Murray said Simes had multiple conflicts of interest, including having once asked whether the mayor could do anything to “help” the chief.

Simes accused Murray of basing his request on false claims, but the Supreme Court found that Simes never disproved them and didn’t give Murray and Weaver adequate notice that he was considering the sanctions. The high court referred the case to the commission, which can dismiss the complaint, reprimand the judge or recommend that the high court remove him from the bench.

In a lawsuit filed Friday, Simes asked a federal judge to block the hearing from going forward, saying it was part of a campaign to deprive him of his civil rights.

After every federal district judge in Arkansas recused from the case, either because they know officials with the commission or were busy or unavailable, the case was assigned to U.S. District Judge Joseph F. Bataillon of Omaha, Neb.

In an order signed Tuesday but not entered into the electronic case record until Wednesday, Bataillon declined to stop the disciplinary hearing, saying Simes had not demonstrated that he was likely to win on the merits of the lawsuit. He also said it would be improper to interfere with state proceedings while they are ongoing.

In a separate case, the Supreme Court in November suspended Simes without pay for handling the affairs of an estate while serving as a judge. Simes was unopposed for re-election in May and will resume his post in January when his suspension ends.

The judicial discipline case that is the subject of this week’s hearing against Simes initially included other accusations, including that Simes improperlypressured Weaver to reinstate the chief, acted intemperately on the bench and ordered a reporter with the Helena Daily World not to write about a hearing.

In March, those complaints were all dismissed by the commission, leaving only the referral from the Supreme Court about Simes’ decision to issue sanctions.

At Wednesday’s hearing, Murray said that Simes never denied that he once asked Weaver whether the mayor could help the chief, Vincent Bell.

In asking Simes to recuse in the 2005 case, Murray also noted that Simes has an ownership interest in a radio station, which Murray said hadbeen paid to broadcast City Council meetings. Raymond Simes, L.T. Simes’ brother and the radio station’s manager, testified Wednesday that the station had broadcast the meetings but was not paid for it.

Murray also said Simes was aware that another judge in Phillips County was already presiding over another case that sought to have Bell reinstated. Simes denied that he knew about the other case, and Murray withdrew that claim seven days after he filed the recusal request. Murray testified Wednesday that he based his recusal request on information from Weaver and didn’t have any reason to doubt it.

Simes, who is being represented by attorneys George Hairston of New York City and Terrence Cain of Little Rock, acknowledged Wednesday that he didn’t provide Murray and Weaver with written notice that they could face sanctions, but said he made it clear in court that he was considering them.

Murray acknowledged he considered the possibility that sanctions could be issued but was more worried about being held in contempt of court.

“I did realize that it was a very grave situation,” Murray said. “The judge appeared irritated, upset that the motion for recusal had been filed.”