A Cabot District Court judge was arrested Friday night and charged with assaulting his girlfriend at a home in Lonoke, grabbing her by the throat and throwing her onto a table, according to Lonoke Police Department reports.
Joe O'Bryan, who was first elected as judge in Cabot District Court in 1990, was arrested on a charge of third-degree domestic battery. While Lonoke police investigate the case, the director of the Judicial Discipline and Disability Commission has filed a complaint against the judge. That agency will also consider penalties.
O'Bryan could not be reached for comment Sunday.
According to a report obtained by the Arkansas Democrat-Gazette on Sunday, O'Bryan's girlfriend, Robin Richard, told police the two got into an argument when O'Bryan wanted to leave the home while drunk.
"An argument occurred between the two in the residence in which he was attempting to leave and she attempted to get him to stay because he was intoxicated," the report reads. "He became angry and grabbed her around her throat and threw her on the kitchen table."
When another person in the home tried to separate O'Bryan and Richard, O'Bryan left in his vehicle, the report states.
Officer Travis Browning, who responded to the scene, said Richard had marks on her chest and neck, according to the report. Browning notified Lonoke and Cabot police to be on the lookout for O'Bryan, and officers from both cities went to his home at 23 Country Wood St. in Cabot.
O'Bryan was arrested at his home and taken to the Lonoke Police Department. He was released on a $620 bond with the condition that he not contact Richard, according to a report.
O'Bryan's first appearance in Lonoke District Court is set for Nov. 3. The charge against him is a Class A misdemeanor, punishable by up to one year in prison and a fine of up to $2,500.
David Sachar, executive director of the Judicial Discipline and Disability Commission, said in a written statement that he "opened a complaint, and an investigation by this office will follow."
When a complaint is issued against a judge, it's taken up by a three-person panel, he said. Any penalties from the commission would depend on findings from the criminal investigation.
"At this time all allegations are unproven, the judge has full due process rights and has not admitted any wrongdoing to the JDDC," Sachar said in the statement.
According to the Judicial Discipline and Disability Commission's rules of procedure, a judge and justice can be temporarily suspended with pay if a misdemeanor is filed against him and adversely affects his ability to perform the duties of the office.
Commissioners would have to meet within 10 days and recommend to the Arkansas Supreme Court that the judge be suspended until the panel decides whether there will be any disciplinary action.
Sachar said he was unsure whether the commission would pursue a suspension in this case.
"It is an option for the commission, if they think that would be appropriate," Sachar said. "It's way too early to know."
O'Bryan, 66, graduated from Cabot High School in 1967 and earned a law degree from Baylor Law School, according to an article The Leader published when O'Bryan ran for re-election in 2007. Before being elected judge, O'Bryan worked as an attorney in the Cabot area for 33 years, The Leader reported.
Metro on 08/24/2015