In re Ellerbee
In re Ellerbee
Opinion of the Court
This is a review of a recommendation of the Judicial Qualifications Commission. It poses the question of whether under the Code of Judicial Conduct a judge may allow and impliedly encourage a parent to administer a whipping to her child in the presence of the court and others during the course of a judicial proceeding. The Qualifications Commission concluded that such conduct is a violation of the Code of Judicial Conduct and recommended that the judge be reprimanded. We approve this recommendation.
The matter was heard before a Special Master and the evidence dealt primarily with an incident which occurred in the court of O. Wayne Ellerbee involving the whipping of an eight-year-old boy by his mother. There was also testimony that similar instances had previously occurred during judicial proceedings. In each of these instances the children had been found by Judge Ellerbee to be in violation of the law and subject to punishment under the law. Prior to imposing any punishment, Judge Ellerbee had inquired of the parent as to what should be done with the child. According to the testimony of Judge Ellerbee, it was the suggestion of the parent that the whipping be administered. He acknowledged, however, that he supplied to the parent a leather strap to be used by the parent in whipping the child and that the punishment took place in court.
Judge Ellerbee contends that he was simply trying to do that which was in the best interest of the child. His position is that allowing the parent to discipline his child is better than subjecting the
Reprimand ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.