Judge’s text broke the rules, discipline commission says

A Sebastian County judge violated four rules of the Code of Judicial Conduct when she told her stepsister’s former husband in a text message to return a computer tablet, the Judicial Discipline and Disability Commission announced Friday.

Judge Annie Powell Hendricks, a circuit judge in the 12th Judicial District, received a “letter of informal adjustment” from the commission Friday as part of an agreement to avoid a more serious sanction, commission executive director David Sachar wrote in the letter.

“Your willingness to make admissions and your promise to avoid such behavior in the future negated a likely recommendation of a more serious sanction,” Sachar wrote.

Sachar said in an interview that the informal adjustment is the lowest level of discipline issued by the commission.

Hendricks did not return a phone call to her office in Fort Smith on Friday.

On April 16, Hendricks sent a text message to Terry Weidman of Fort Smith, who is the former husband of Hendricks’ stepsister, Lynn, that stated, “This is Judge Hendricks. Lynn’s iPAD must be delivered to Kelly Underwood’s mailbox by 9:30 a or I will turn matter over to [prosecuting] attorney.”

Underwood has no relation to Hendricks or Weidman.

Weidman responded to Hendricks’ message by stating, “Really judge Hendricks turn it over for what. Looking at my sons iPad.”

Hendricks wrote back, “Choose your actions wisely!”

The commission noted in the disciplinary letter that the dispute “involved information remaining on the iPad.”

In the letter to Hendricks, Sachar wrote that Hendricks admitted to referring to herself as a judge and “regrets the reference was ever made.”

“Additionally, Hendricks responds that her involvement was in haste and resulted from a long history of differences between Weidman and her family,” Sachar wrote.

Sachar said that the commission found, and Hendricks agreed, that the judge violated four rules of the judicial code, including promoting confidence in the judiciary and avoiding abuse of the prestige of judicial office.

“This public sanction constitutes adequate discipline and no further action … is warranted,” Sachar wrote.

Arkansas, Pages 10 on 09/21/2013

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