Arkansas Judicial Discipline & Disability Commission v. Simes

I agree with the majority that Judge Simes was given no notice of allegations not contained in this court’s referral in Weaver v. City of West Helena, 367 Ark. 159, 238 S.W.3d 74 (2006). However, because I would hold that the Judicial Discipline & Disability Commission (“Commission”) clearly erred in finding that Judge Simes violated the Code of Judicial Conduct on the remaining allegations, I dissent in part.

At the conclusion of the final hearing on January 26, 2005, Judge Simes stated “I had planned to read into the record the court’s decision in its entirety as it relates to the question…