In Re Inquiry Concerning a Judge, No. 14-126B MacK
369 N.C. 236
| N.C. | 2016Background
- Judge Peter Mack, Jr., a Craven County District Court judge, was investigated by the Judicial Standards Commission for (1) failing to report rental income on Canon 6 disclosures (2010–2013) and on State Ethics SEI forms (2011–2014), and (2) accepting $3,000 cash restitution in chambers in a criminal matter he had initiated as the complainant while presiding over district court.
- Mack owned two rental properties that produced gross rental income above reportable thresholds in multiple years; he admitted grossing over $5,000 annually but failed to timely disclose on Canon 6 and SEI filings.
- The restitution matter arose from damage to one rental property by a former tenant; the ADA calendared the case in Mack’s courtroom, the parties agreed to restitution, and Mack received $3,000 in cash in an office behind the courtroom, after which the ADA dismissed the charge.
- Mack admitted the factual stipulations, characterized the nondisclosures as negligent oversights (not willful concealment), filed an amended Canon 6 report after notice, and agreed to supplement SEI filings.
- The Judicial Standards Commission found the repeated nondisclosures and the conduct in accepting restitution violated Canons 1 and 2A (and Canon 6C for disclosure), amounted to conduct prejudicial to the administration of justice, and recommended a public reprimand.
- The North Carolina Supreme Court reviewed the Commission’s findings (accepting them as supported by clear and convincing evidence) and adopted the recommendation, publicly reprimanding Mack under N.C.G.S. §§ 7A-376(b) and -377(a5).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to report rental income on Canon 6 (2010–2013) | Commission: repeated nondisclosure of reportable rental income violated Canon 6C and Canons 1 & 2A; recurring negligence warrants discipline beyond a private caution. | Mack: omission was an unintentional oversight; no party benefited and not willful concealment. | Court: Adopted Commission — violations of Canon 6C, Canon 1 and Canon 2A; public reprimand appropriate. |
| Failure to disclose rental income on SEI forms (2011–2014) | Commission: SEI filings omitted gross rental income >$5,000; failure to comply with State Government Ethics Act violates Canons 1 & 2A and warrants discipline beyond a private caution. | Mack: characterized as negligent; previously reported income in earlier years; no intent to conceal. | Court: Adopted Commission — violations of Canons 1 & 2A via SEI nondisclosure; public reprimand. |
| Accepting restitution while presiding in a case he initiated | Commission: sitting as presiding judge in a case where he was complainant, accepting cash restitution in chambers and using courthouse address on summons created an appearance of impropriety and conflict of interest, violating Canons 1 & 2A. | Mack: ADA calendared matter; practice of restitution-for-dismissal is routine; he did not exercise undue authority. | Court: Adopted Commission — conduct undermined public confidence and violated Canons 1 & 2A; aggravated misconduct meriting public reprimand. |
Key Cases Cited
- In re Hartsfield, 365 N.C. 418, 722 S.E.2d 496 (2012) (Supreme Court reviews Commission findings for clear and convincing evidence and may adopt or make its own findings)
- In re Badgett, 362 N.C. 202, 657 S.E.2d 346 (2008) (standards for Supreme Court review of Judicial Standards Commission recommendations)