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Arkansas judge Don Bourne was accused of “bullying, angry demeanor and impolite behavior” in complaints received by the Arkansas Judicial Discipline and Disability Commission. As a result, Bourne has been suspended by the Arkansas Supreme Court without pay for 90 days, with 75 days held in abeyance for one year if he satisfies remedial conditions.
According to the commission’s disciplinary recommendation, Bourne made disparaging comments about defendants appearing before him. As reported by the ABA Journal:
One count of the complaint alleged that Bourne made demeaning comments toward Spanish-speaking defendants and negative comments to defendants who are not from Pope County, Arkansas, according to the commission.
The commission said Bourne was accused of making negative comments about defendants’ hairstyles, advising Spanish-speaking defendants to learn English and telling one defendant to, “Go get a job, and get that crap out of your eyebrows.”
The report also details Bourne’s loose relationship with the “right to an attorney” thing:
Bourne was accused in a second count of failing to make proper indigency determinations for appointing counsel and failing to retain official records. The commission said Bourne rarely approved affidavits of indigency, and those affidavits weren’t kept as a public record.
Many cases in which Bourne denied a public defender were for defendants in his court for a first appearance. A second judge could determine indigency when the case reached the circuit court, the commission pointed out.
In misdemeanor cases before Bourne in which jail time was a possibility, Bourne often discouraged defendants from seeking appointed counsel. Instead of conducting a proper review, he would often say, “I am not going to appoint a lawyer for you. Get a job,” the commission said.
The court also held that, after his current term ends, Bourne will be ineligible to hold a judgeship again.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).
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