The Missouri Supreme Court reprimanded Jasper County Circuit Court Judge John Nicholas Tuesday, saying he used his office and title to receive preferential treatment from Carthage city officials during a storm.
The Court relied on the findings of an investigation by the Commission on Retirement, Removal and Discipline, which pulled no punches in its description of Nicholas’ behavior.
In his defense, Nicholas said he was “wet and frustrated” that night.
During the evening in question, Nicholas demanded that city officials fix a downed power line in his street, a situation that city officials ranked 10th in their priorities of what needed to be addressed in the aftermath of the storm.
When the officials explained the situation to Nicholas, according to the Commission’s findings, the judge indicated that was “their problem” and they needed to take care of his needs first.
The report indicates Nicholas liberally sprinkled profanities into his conversations with Carthage City Administrator Greg Dagnan, Police Chief Bill Hawkins and other city officials.
He also complained about the treatment of his friend, former City Parks Director Mark Peterson, who has been charged with stealing and money laundering in connection with the theft of more than $140,000 from the Parks Department.
Nicholas created so many problems for city officials that evening, they eventually moved his problem up the priority list just to get him to shut up.
From the Commission’s findings:
“(T)he respondent used his position as an Associate Circuit Judge to demand that emergency resources be diverted from more pressing emergency situations to address his concerns about a downed cable line.
-while doing so, the respondent became irate and upset, used vulgar language to criticize the city of Carthage, city employees, and the police chief for their alleged failure to properly address respondent’s concern about a downed cable and in a subsequent communication respondent used vulgar language describing the city’s investigation of the former park director.
Respondent called the police communications officer three times to report a downed cable and told the police were already advised of the downed cable near or adjoining respondent’s property, that the police did not believe the cable posed a hazard to respondent or the public and that other emergency situations therefore had priority, that available emergency resources were already busy addressing other more pressing emergency situations and that the judge’s cable would be removed after the more pressing emergency situations had been addressed.
The Commission finds that the Respondent also called the city administrator Greg Dagnan on three occasions that night and again requested that the downed cable be addressed by emergency responders. Respondent was again told, in the city’s opinion, Respondent’s situation did not have priority and that emergency responders were attending to more serious emergency situations.
Respondent replied in the first call that it was “not my problem, are you going to take care of this or not?”
In the second call, the City Administrator again told respondent that there was a priority list for downed power lines and that “they’d be there as soon as possible.”
Respondent replied, I don’t want to hear that, you can, you can make people come out here.
In the third call, Mr. Dagnan asked respondent, “Why are you being like this?” The judge responded by “yelling” and “cursing” and demanding “are you going to do this for me or not?”
Mr. Dagnan thought respondent’s behavior “reminded me of like a child.”
The Commission finds that respondent used vulgarities during his phone calls with Mr. Dagnan.
The Commission further finds that the city administrator called Police Chief Bill Hawkins to report the Respondent’s calls. Chief Hawkins called the police communications officer who advised the chief about respondent’s situation.
Chief Hawkins called Respondent and Respondent again complained about the “cable line.”
Chief Hawkins again informed Respondent that the city considered Respondent’s cable line was a low priority.
Respondent called Chief Hawkins back and demanded that someone needs to get there “immediately” and further demanded that the chief needed to come there himself.
Chief Hawkins also related that Respondent had complained about the city spending money to “prosecute his friend,” the former Park Director instead of using resources on other matters (such as Respondent’s downed power line)
During his call with the chief, Respondent complained about his response from the city administrator. Respondent was described as in a “rage” and in “anger.”
The Commission also finds that the Police Communications Officer was concerned that Respondent was “bugging” her chief. She then called the Street Department Superintendent Josiah Bayles who advised her that the Street Department was working on number three of the list of downed trees and that the Respondent’s cable was number 10 on the list.
The Police Communications Officer asked that the Street Department “divert” to the judge’s home because the Respondent was “bugging” the chief.
The Commission further finds that the Street Department Superintendent along with Street Department employee Steve Ponds and the Public Works Director Zeba Lee Carney diverted resources to Respondent’s home to address Respondent’s downed cable line which the city considered “low priority.”
Superintendent Bayless found Respondent in the middle of the road being “pretty vocal.” Respondent was “yelling,” “on a rampage” and “very upset.”
Respondent’s screaming was loud enough that neighbors were coming out of their houses. Respondent used vulgarities to refer to the City of Carthage, the police chief and the city administrator.
The superintendent and his employee cut and rolled up the cable line to “make him (the Respondent) happy.” Respondent’s conduct embarrassed the superintendent.
The director reported Respondent said, “I’m a judge and they ought to be over here doing this.” After they cut the line and rolled it up, Respondent hugged the Director, called him a “hero” and made the Director feel uncomfortable.
Street Department employee Steve Ponds described the downed line as “just a cable” and recalled the Respondent using vulgarities to describe the City of Carthage.
The Commission finds that Chief Hawkins reported his concerns to Circuit Judge Dean Dankelson of Jasper County who advised the Chief to report his concerns to this Commission.
In mitigation, the Commission finds that Respondent had apologized to the police chief and city manager for his conduct. Respondent claimed that he was directing traffic around the cable and acted as he did out of a concern for public safety and because he was “wet and frustrated.”
The Commission concludes that Respondent was known as and identified himself as a judge. He used his title and office to demand and get preferential treatment. He was rude to the responders and freely used vulgarities in an effort to get his way.
The aforesaid activity was in violation of Supreme Court Rule 2-1.2 in that Respondent failed to act at all times in a manner that promotes confidence in the independence, integrity, and impartiality of the judiciary and failed to avoid impropriety or the appearance of impropriety; and Supreme Court Rule 2-2.8 B in that he failed to be courteous to those with whom he dealt in an official capacity.
Such conduct is misconduct under Artice V Section 24 of the Constitution of the State of Missouri.
The Commission findings and conclusions indicate that Respondent has failed to act at all times in a manner that promotes confidence in the independence, integrity and impartiality of the judiciary.
His conduct was discourteous. The Respondent agrees with the Commission’s recommendations. The Commission recommends that the Supreme Court of Missouri reprimand the Respondent.
Originally appeared on The Turner Report
For more coverage of southwest Missouri and former Carthage Press Managing Editor Randy Turner’s daily column, sign up for the Turner Report Newsletter by e-mailing [email protected].
