26-Page Complaint Filed Against Nationally Known City Judge
posted May 17, 2001
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 environmental case involving Dr. Boloslans Falinski Judge Williams said the doctor "should speak with Councilwoman (Mai Bell) Hurley and see if she would support him because the doctor's neighbors were very influential with the City Council." It says he told Dr. Falinski he would pass the case until after the City Council's next meeting.
The complaint says in a case involving Elizabeth A. Smith the judge said if one of her four boys was named Walter he would help her and asked if she would change one's name to Walter. He also said if one of the children wore glasses he would help her. Judge Williams explained the reason he was asking the questions was that he had decided to help her. It was charged that Judge Williams "was arbitrary" and his ruling "was not based on factors contemplated by the law."
In one traffic case involving George Elder, Jack F. Rutledge and Tabetha Green, Judge Williams jokingly said to his bench clerk Lana, "You can't tell a woman anything." The complaint says the remark "was undignifed, discourteous and created an appearance of bias on the basis of sex."
On one GED case, the judge asked a defendant if he lived in the city. The judge was then in an election contest and said he would hear the case if he was still on the bench. He told the defendant if he did live in the city "maybe the defendant could have done something about it." The complaint says the remark "created an appearance of impropriety."
Another count says in a case involving a man in the refrigeratin business Judge Williams told him he had "messed up my refrigerator in my bar. I was defrosting it and it wasn't defrosting fast enough so I got a screwdriver and I knocked some ice loose and apparently I busted the refrigeration line. And my beer's not cold." He also said, "My Budweiser's not good. It goes through the bloodstream fast." The complaint said the remark "did not promote public confidence in the judiciary."
In another case, the complaint said a man charged with piling items near the street did not respond when the judge twice asked him to turn around. Judge Williams ordered him held for 10 days and directed the city to pick up the items and put them in the garbage.
The complaint gives a transcript of what Judge Williams told employees of the City Court Clerk's office after an investigation by the mayor's office on the dismissal of parking tickets. He said, "I'd better not hear one word about someone questioning what I did because I'm going to raise so much hell ddown at the city that you're going to be fired that day."
It was charged that Judge Williams participated in a gathering of the Unity Group and publicly endorsed its choice for mayor last June. It says that violated a judicial canon.
It says on Feb. 20 of this year Judge Williams ordered Anthony E. Smith into custody after he was asked if he had any more evidence to present and he said "he did not have any that he thought Judge Williams would allow him to present."
Here is the background (verbatim) on Judge Williams from the city website:
Born in Chattanooga, Tennessee, Judge Williams achieved his life long dream of becoming a Judge in March 1991. In his first political race, obtaining 56% of the vote, he won election as Judge of the Chattanooga City Court for a term of eight years. His judicial style, no-nonsense approach and unusual alternative sentences have gained him national attention along with numerous awards and honors. He was featured on the initial segment of CBS' "Street Stories" hosted by Ed Bradley; and has appeared on CNN, the 700 Club, and in JET, NEWSWEEK, READER'S DIGEST, and other publications.
Judge Williams is a Magna Cum Laude graduate of Morehouse College where he received his Bachelor of Arts Degree in Political Science and Business. He was also elected to Phi Beta Kappa for outstanding academic performance. Later he was awarded the Juris Doctor Degree from Howard University School of Law where he graduated with honors.
While a student at Morehouse, Judge Williams received a certificate in Drug Abuse Counseling from the University of Miami School of Medicine through a U.S. Office of Education sponsored summer program.
Judge Williams practiced law with the Regional Counsel's Office of the Internal Revenue Service in Atlanta, Georgia, prior to entering the private practice of law. In 1980 he became a partner in the law firm of McClarty & Williams in Chattanooga, Tennessee, where he primarily handled personal injury, corporate, estate and municipal law cases. He also taught for eight years as a full-time Assistant Professor of Marketing & Business Law at the University of Tennessee at Chattanooga while maintaining a full-time law practice.
Active in numerous community organizations, some of Judge Williams' present and former board memberships include: Valley Capital Corporation, The Ronald McDonald House, Friendship Haven Home For the Elderly and the Baylor School Parents Council. Recently, Judge Williams was elected Chairman of the Board of the Westside Community Development Corporation, which is designed to revitalize his old childhood neighborhood and provide services to residents in the targeted area. He also served a number of years as Chairman and member of the Board of Trustees of the Hamilton County Governmental Law Library. He is a Life and Thousandaire Member of the Morehouse College National Alumni Association. Strong in his religious convictions, Judge Williams is a member of First Baptist Church (East Eighth Street).
Judge Williams holds membership in a number of professional associations, including, but not limited to Pi Sigma Alpha Fraternity (Boulé), Alpha Phi Alpha Fraternity, Chattanooga Morehouse Club, 100 Black Men of Chattanooga, National Bar Association (Judicial Council), American Bar Association (Judicial Council), Tennessee Bar Association, Chattanooga Bar Association and S.L. Hutchins Bar Association.
True to his belief that "education is the key to success," Judge Williams proudly reports that more than 830 defendants have obtained their General Equivalency Diplomas (G.E.D.) since he took office, with an additional 500 still under the Judge's mandate to do so. He has also been instrumental in directing more than 300 students to further their education at Chattanooga State Technical College, the University of Tennessee at Chattanooga and other schools.
Records in Chattanooga City Court also show that in a two-year period of time, Judge Williams reduced the number of repeat offenders in his Court by 50%; assisted a number of persons in obtaining employment; and directed at least eight (8) persons off of welfare into self-supporting jobs. Current City records show that Judge Williams' modernization and hard work has increased excess revenues above expenses from $500,000 in 1991 to more than 1.3 million dollars in 1999.
Judge Williams created the first Environmental Court docket (1991) in Chattanooga to assist in cleaning up the City. In this docket, persons are cited to Court for littering, zoning violations, housing code violations, and various other similar matters as set forth in City ordinances. In less than two years, the City of Chattanooga boasts an increase in compliance with code regulations from 30% to 86% as a result of Judge Williams' strong and deliberate actions in the Environmental Court docket.
In March, 1999, Judge Williams was re-elected to a second eight-year term by the voters of Chattanooga. He captured 70 percent of the vote and turned back challenges of two lawyers who sought to unseat him. Although his challengers engaged in negative campaigning, Judge Williams took the high road and told the voters ? --"Let thy work speak for me." The Judge has not changed how he does things and continues to be about the business of changing lives of those who come before him. He proudly states that his motto in life comes from an old song ? --"If I can help somebody as I pass along, then my living shall not be in vain."
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