Summary
The Texas Review Tribunal reviewed the State Commission on Judicial Conduct’s recommendation to remove Justice of the Peace Thurman Bill Bartie and permanently bar him from judicial office. The tribunal affirmed, concluding that substantial evidence supported findings that Bartie used obscene and abusive language, failed to follow legal requirements, interfered with an arrest, and used or encouraged corporal punishment in truancy proceedings. The tribunal held that the repeated use of obscene language alone justified removal and the permanent bar.
Topics
Practice areas
Questions Presented
- Whether the Commission's findings were factually insufficient because they omitted allegedly favorable findings and were against the great weight and preponderance of the evidence.
- Whether the Commission exceeded its authority by soliciting testimony and preparing or revising written affidavits for complaining witnesses.
- Whether removal from office and a permanent bar from holding judicial office were appropriate sanctions.
- Whether the Tribunal should review the Commission's recommendation after Bartie resigned from office.
Holdings
- The Tribunal would address the Commission's removal decision notwithstanding Bartie's resignation because he requested review and the Tribunal determined that doing so was in the interest of justice.
- The Commission's findings and recommendations were supported by sufficient competent evidence and were not so against the great weight and preponderance of the evidence as to be manifestly unjust.
- A judge's repeated use of extremely obscene language in the courtroom constituted a willful violation of the duty to be patient, dignified, and courteous to litigants and others with whom the judge deals in an official capacity.
- The Commission did not exceed its authority by obtaining handwritten notes and videotaped statements and preparing typewritten affidavits that corrected spelling, grammar, repetition, and inadmissible references.
- Bartie's repeated use of extremely obscene language, standing alone, was sufficient to warrant removal from office and a permanent prohibition against holding judicial office in Texas.
Key quotations
“As in appeals of civil matters, this Review Tribunal cannot substitute its findings for those of the Commission.” (at 84)
“It is not within the province of this Review Tribunal to interfere with the Commission’s resolution of conflicts in the evidence or to pass on the weight or credibility of the witnesses’ testimony.” (at 84)
“The nature and frequency of the extremely obscene language employed by Respondent are, standing alone, sufficient to warrant his removal from office and the prohibition from holding judicial office in the future.” (at 85)
“The Judicial Conduct Commission has done what needed to be done, and we affirm their recommendation in all regards.” (at 86)
Factual background
While serving as a justice of the peace, Thurman Bill Bartie repeatedly used obscene and abusive language toward litigants, court personnel, a newspaper reporter, and criminal defendants. In truancy proceedings, he failed to follow required procedures, ordered individuals jailed for inability to immediately pay fines without conducting indigency inquiries, and engaged in or encouraged corporal punishment of juveniles. He also attempted to intervene in a police detention involving his alleged brother-in-law and ordered the detainee's release on a personal recognizance bond.
Procedural history
The Commission found that Bartie engaged in judicial misconduct, including the use of obscene language in court, failure to follow the law, legal incompetence, interference with a lawful arrest, and corporal punishment in truancy matters. The Commission recommended his removal and permanent bar from judicial office. The Texas Supreme Court appointed a Review Tribunal on December 12, 2003, and Bartie challenged the Commission's findings and recommendation. Although Bartie resigned on December 19, 2003, the Tribunal addressed the matter at his request and affirmed the recommendation in all respects.