The Tennessee Court of the Judiciary has brought formal conduct charges against City Judge Walter Williams.
Judge Williams has 30 days in which to answer the 26-page complaint, then a trial must be held within 60 days before 12 members of the Court of the Judiciary.
Judge Williams said Thursday afternoon he has referred the matter to his attorneys. He said, "At an appropriate time either I or they will make a statement.
"I am not worried about this. If we need to have a hearing, then, fine, come on to Chattanooga and we'll have it."
Judge Williams also said, "From day one, when I was sworn in April 15, 1991, there have been a number of folk who have not wanted me to be judge. It's something I guess I will have to contend with forever - the naysayers out in the community.
"If they want to take me on, then come on and we'll deal with it."
John Kea, deputy disciplinary counsel, said the Court could dismiss the matter after hearing proof, set down terms of a disciplinary agreement, or suspend the judge.
He said the suspension could be for any period - up to an indefinite time - and the Court could recommend his removal. The judge could appeal in that case to the Tennessee Supreme Court. If the judge lost the appeal, the matter could go on to the Legislature for an impeachment vote.
The trial will be held at the Hamilton County Courthouse.
The Tennessee Bureau of Investigation apparently got involved in the probe. The Court of the Judiciary has the power to call in the TBI, and TBI agents were recently in the City Court Clerk's office going through records.
The charges were filed by Jerry Scott, disciplinary counsel for the Court of the Judiciary, the body that has power to discipline judges in Tennessee.
Mr. Scott said an investigative panel found reasonable cause that Judge Williams "committed the judicial offenses" set forth in Counts 1 through 26 of the complaint.
Members of a 3-judge panel who have already looked into the case and approved filing of the formal charges were Joyce Brofitt, Jo Ann Walker and Robert V. Redding. They are members of the 15-member Court of the Judiciary, but they will not take part in the trial at the County Courthouse. The remaining 12 judges are to sit at that trial.
The first counts of the charge deal with Judge Williams' handling of Valerie Poole, who owed the city over $3,300 in fines and court costs dating back to 1992. Judge Williams had her jailed for 77 days before a writ was taken to Criminal Court Judge Doug Meyer, who ordered her released.
The complaint says Judge Williams' ordering of Ms. Poole to get her GED was "an arbitrary requirement not based on law which potentially would result in disparate treatment of Ms. Poole in relation to other defendants who had higher or lower aptitudes."
The Court said there was no evidence the judge "made any determination about Ms. Poole's ability to pay her fines" as required by state law. It says he ordered her confined 60 days, though his statutory limit was 30 days.
When Ms. Poole did not show up for a hearing on Sept. 11, 1998, Judge Williams said she was "probably out there on the strip. I told you she ain't done - issue a capias and just lock her up. And now when we get her this time, then she's just going to stay out there and let the jail be her home." The Court said the statements "impugned the dignity, integrity and impartiality of the judiciary."
On Sept. 21, 1998, Judge Williams told Ms. Poole, "I'm just going to keep you in jail. I don't care if it costs the city a million dollars." He said he was getting ready to go to Minnesota, then had a trip to Hawaii "so you better hurry up and get the money paid."
The Court said the remarks of Judge Williams "did not reflect the grave and sober nature of depriving an individual of her personal liberty and constituted willful or reckless disregard for the protection of Ms. Poole's rights."
It was claimed he was guilty of "rude and discourteous treatment of a litigant."
Other counts deal with attorney Cynthia LeCroy-Schemel, who was representing a man charged with speeding. Ms. LeCroy-Schemel argued that Judge Williams could not set a fine higher than $50. The complaint says the attorney continued to object and Judge Williams told her he would place her in jail for contempt if she continued. When she uttered "um," the judge ordered her into custody for 10 days. He later released her after an hour and a half.
The complaint says a review by Criminal Court and the Tennessee Court of Criminal Appeals found no basis for the contempt ruling.
The complaint says in August 1997 Judge Williams repeatedly threatened to incarcerate Charles Clay for contempt. The complaint includes the transcript of the judge's exchange with Mr. Clay, including telling him, "You going to come in here with attitude and every time you look at me wrong, I'm going to give you 10 days. Even if you move wrong, I'm going to give you 10 days."
It was also claimed that during an environmental hearing the judge "made several undignified, discourteous and threatening remarks" to Mr. Clay. It says Judge Williams stated he removed an extension cord Mr. Clay was using to get power from a neighbor, that he had "once fired a lady for telling him she had to eat," that he maybe should put in his order that "the defendant shall grow hair," and that he ought to make Mr. Clay walk back to his property.
The complaint says Judge Williams acted improperly in discussing the Clay case in speeches he made to groups. It said City Councilman John Taylor sought to help Mr. Clay, and Judge Williams said it had helped. He said, "If it had been. . . I can tell you, another councilman. I won't call his name. If that other councilman asked me, huh, you'd been at the workhouse by now." The complaint said the remarks "created the appearance that Councilman Taylor was in a special position" to influence the case.
The complaint says Judge Williams told Mr. Clay's neighbor "he would attempt to have her house condemned if she gave Mr. Clay any more electricity to run equipment used in his recycling business."
Another case was cited in which Albert C. Wiley on a 1992 registration case was ordered to get his GED. He never did so in spite of numerous appearances before the judge and was finally fined $25.
The complaint says in a case involving Ellis Jones who was behind in paying costs and fines, Judge Williams said, "We want the city's money and we are going to get it or jail is going to be your home" and "Don't make us send you down the river."
In the case of Theodore Locklin, the complaint says the defendant said he could not pay his costs and fines because he had surgery on his hand and leg. Judge Williams looked at his criminal record and "stated he was 'so sick' he had time to fool with drugs, assault others and steal." Judge Williams said, "There ain't nothing wrong with you" and that he should pay.
In an environmenta