A judicial disciplinary panel has recommended suspending a Pope County district court judge without pay after finding the judge violated ethical codes of conduct.
District Judge Don Bourne aimed "rash statements" at defendants and failed to appoint defense attorneys for defendants who couldn't afford legal counsel, according to a Monday news release from the Arkansas Judicial Discipline and Disability Commission.
The commission recommended the Arkansas Supreme Court suspend Bourne for 90 days for inappropriate demeanor on the bench, with 75 days held in abeyance for a year on the condition the judge follows remedial measures.
The panel also issued a letter censuring Bourne for failing to conduct proper indigency determinations when deciding whether to appoint public defenders for defendants.
Bourne agreed the sanctions were proper and committed to remedial measures including agreeing not to run for judicial office again when his term expires at the end of 2024, according to the commission's release.
Calls to district court offices in Pope County went unanswered Monday afternoon.
A panel under the commission opened an investigation into allegations against Bourne in February 2021. After reviewing court documents, news reports, video records and witness statements, the commission found Bourne violated the Arkansas Code of Judicial Conduct on two counts.
The first violation stems from Bourne's demeanor on the bench. The committee found Bourne "had a pattern of injudicious conduct towards defendants" which included commenting on the appearance, residency and ethnicity of those who appeared in his court, according to the news release.
The investigation into Bourne's conduct found he told Spanish-speaking defendants they needed to learn English if they were going to live in Pope County. According to the release, Bourne commented on the hairstyle of defendants and disparaged defendants who were not from Pope County.
In one instance, the commission found Bourne told a defendant "[i]f you were a good employee, you wouldn't have been laid off. Go get a job and get that crap out of your eyebrows."
The second count of judicial misconduct concerns Bourne's failure to follow the law by properly assessing defendants' abilities to pay for legal counsel.
"Judge Bourne's pattern of failing to appoint counsel and his disregard for following the proper procedure and considering the legal standard is what pushes his legal error into the realm of judicial misconduct," the release reads.
Many of the cases where Bourne allegedly failed to appoint counsel only appeared before his court for first appearances. The cases then progressed to a circuit court where judges regularly appoint public defenders, according to the release.
But in misdemeanor cases where defendants faced potential jail time, Bourne "often discouraged defendants from seeking appointments, telling them they would 'probably not' qualify before reviewing all of the factors. ... He would frequently just respond with 'I am not going to appoint a lawyer for you. Get a job,' instead of conducting a proper review."
Bourne was disciplined in 2014 for making an improper campaign contribution in a state partisan political election.
The commission found Bourne corrected the violations by requiring all requests for the appointment of public defenders be maintained as required by state law. Bourne has acknowledged statements he made on the bench were inappropriate, according to the commission.
Before becoming a judge, Bourne served six years as chief deputy prosecutor in Pope County and spent 14 years as the elected Russellville City attorney. He served over 20 years as a district court judge. The commission considered Bourne's significant caseload spread across five courts.