In Re Inquiry Concerning a Judge, No. 08-174 Hartsfield
365 N.C. 418
| N.C. | 2012Background
- Respondent Denise S. Hartsfield, a Judge of the General Court of Justice, District Court Division, was investigated for adding cases to her traffic docket and issuing favorable dispositions without proper authorization.
- The Judicial Standards Commission (JSC) notified of a formal investigation in August 2008, prompted by a complaint from the Forsyth County District Attorney and the Clerk of Superior Court.
- Respondent acknowledged in a July 16, 2008 letter that she had added over seventy cases to her docket and earlier described dismissive practices in DWLR cases.
- Stipulated evidentiary facts show a pattern of ex parte communications and case add-ons, with dispositions entered without consent of prosecutors or proper appearances.
- The Commission found that many cases were disposed without hearings, waivers, or representation, violating North Carolina statutes and the Code of Judicial Conduct.
- The Supreme Court affirmed the Commission’s findings, concluded respondent violated multiple canons, and suspended her without compensation for 75 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the findings support misconduct | Hartsfield | Hartsfield | Findings supported; willful misconduct established |
| Whether the conduct violated Canons 1, 2A, 3A(1), 3A(4), 5F | Commission | Hartsfield | Yes, violations proven |
| Appropriateness of suspension as discipline | Commission | Hartsfield | Suspension warranted; 75 days chosen |
| Whether the Commission’s findings were supported by clear and convincing evidence | Commission | Hartsfield | Findings supported by clear and convincing evidence |
Key Cases Cited
- In re Badgett, 362 N.C. 202 (N.C. 2008) (court reviews Commission recommendations; misconduct basis for discipline)
- In re Badgett, 362 N.C. 482 (N.C. 2008) (suspension and removal contemplated for egregious conduct)
- In re Peoples, 296 N.C. 109 (N.C. 1978) (pattern of improper disposition and removal from office)
- In re Hardy, 294 N.C. 90 (N.C. 1978) (censure for traffic-related judgments entered while court not in session)
- In re Brown, 351 N.C. 601 (N.C. 2000) (willful misconduct; improper judgments in DWI cases)