Post by Critique on Jan 19, 2007 2:55:05 GMT -5
January 19, 2007
RALEIGH (AP) - District Court Judge James Ethridge is still drawing his six-digit salary from the state payroll, even though he no longer has a law license and can't hear cases.
Judge Ethridge didn't resign after the State Bar revoked his law license in October. Unless an oversight panel or the state Legislature takes action, the state may be paying Judge Ethridge's annual salary of $101,376 until his term ends in December 2008.
Meanwhile, records show that taxpayers have paid $9,300 - not to mention mileage and meal reimbursements - to hire substitute judges to cover Judge Ethridge's seat, which deals with a busy caseload of criminal, domestic and child custody disputes in Johnston, Harnett and Lee counties.
"We don't have a road map of how to proceed in a situation like this," said Paul Ross, executive secretary for the state's Judicial Standards Commission, the disciplinary board for judges. "No one anticipated something like this. You just don't think judges are going to get disbarred."
The State Bar revoked Judge Ethridge's license last year after determining he was dishonest and deceitful when he took the home and $14,000 life savings of an elderly, senile woman while he was a lawyer in 2001. Judge Ethridge was elected as a judge in 2004, after practicing law for 28 years.
There are only two ways to oust a duly-elected judge in North Carolina. The Judicial Standards Commission can remove Judge Ethridge, but Mr. Ross said the group can't weigh in on mistakes Judge Ethridge made before taking the bench.
Otherwise, the state Legislature can impeach him.
The General Assembly, according to Article IV Judicial, section 17, paragraph 2, can censure and remove a judge from office for "willful misconduct in office, willful and persistent failure to perform his duties, habitual intemperance, conviction of a crime involving moral turpitude, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute."
State Rep. Leo Daughtry, a Republican from Johnston County, defended Judge Ethridge's character in front of the State Bar but said he will consider impeaching him.
"It's not fair to the people," Rep. Daughtry said. "We're entitled to the seat and we ought to have someone in that seat."
State Rep. David Lewis said he had no immediate comment on Judge Ethridge's case. But he said he would look into the matter.
Judge Ethridge's attorney, Alan Schneider, said the former judge hasn't decided whether he will resign. Judge Ethridge has appealed the State Bar's decision, though his punishment remains until the state Court of Appeals addresses his complaint.
That process could drag out for more than a year.
www.dunndailyrecord.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=83882&TM=40889.88
RALEIGH (AP) - District Court Judge James Ethridge is still drawing his six-digit salary from the state payroll, even though he no longer has a law license and can't hear cases.
Judge Ethridge didn't resign after the State Bar revoked his law license in October. Unless an oversight panel or the state Legislature takes action, the state may be paying Judge Ethridge's annual salary of $101,376 until his term ends in December 2008.
Meanwhile, records show that taxpayers have paid $9,300 - not to mention mileage and meal reimbursements - to hire substitute judges to cover Judge Ethridge's seat, which deals with a busy caseload of criminal, domestic and child custody disputes in Johnston, Harnett and Lee counties.
"We don't have a road map of how to proceed in a situation like this," said Paul Ross, executive secretary for the state's Judicial Standards Commission, the disciplinary board for judges. "No one anticipated something like this. You just don't think judges are going to get disbarred."
The State Bar revoked Judge Ethridge's license last year after determining he was dishonest and deceitful when he took the home and $14,000 life savings of an elderly, senile woman while he was a lawyer in 2001. Judge Ethridge was elected as a judge in 2004, after practicing law for 28 years.
There are only two ways to oust a duly-elected judge in North Carolina. The Judicial Standards Commission can remove Judge Ethridge, but Mr. Ross said the group can't weigh in on mistakes Judge Ethridge made before taking the bench.
Otherwise, the state Legislature can impeach him.
The General Assembly, according to Article IV Judicial, section 17, paragraph 2, can censure and remove a judge from office for "willful misconduct in office, willful and persistent failure to perform his duties, habitual intemperance, conviction of a crime involving moral turpitude, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute."
State Rep. Leo Daughtry, a Republican from Johnston County, defended Judge Ethridge's character in front of the State Bar but said he will consider impeaching him.
"It's not fair to the people," Rep. Daughtry said. "We're entitled to the seat and we ought to have someone in that seat."
State Rep. David Lewis said he had no immediate comment on Judge Ethridge's case. But he said he would look into the matter.
Judge Ethridge's attorney, Alan Schneider, said the former judge hasn't decided whether he will resign. Judge Ethridge has appealed the State Bar's decision, though his punishment remains until the state Court of Appeals addresses his complaint.
That process could drag out for more than a year.
www.dunndailyrecord.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=83882&TM=40889.88