In re Inquiry Concerning a Judge No. 1035
In re Inquiry Concerning a Judge No. 1035
Opinion of the Court
The Judicial Qualifications Commission was furnished with information that respondent Judge J. Ben Spear had: (a) frequently sought to induce state troopers to give “help” on traffic citations by
The respondent filed a comment letter with respect to these charges. Whereupon, the Commission conducted a preliminary investigation. After the preliminary investigation, the Commission gave formal notice of the hearing to the respondent. The purpose of the hearing was to determine whether the respondent was guilty of wilful misconduct in office or conduct prejudicial to the administration of justice which brought the judicial office into disrepute.
The Commission heard oral testimony and considered documentary evidence and exhibits. A majority of the Commission arrived at the conclusion that respondent had violated Canon 2, one time; Canon 2A, three times; Canon 2B, two times; and, Canon 3C (1) (d), one time.
Based upon these findings the Commission recommended to the Supreme Court of Georgia that respondent be publicly reprimanded and that he be suspended from office without pay for a period of two months.
The record of the hearing in this matter supports the finding of the Commission, however, as set out in the following paragraph, we reduced the two months suspension to one month.
It is therefore ordered that effective November 1, 1987, Judge J. Ben Spear be suspended from office without pay for a period of one calendar month and that during this period he physically remain away from his chambers. We decline to follow the Commission’s recommendation as to the public reprimand.
Reference
- Full Case Name
- IN THE MATTER OF: INQUIRY CONCERNING A JUDGE NO. 1035
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- 1 case
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- Published