We should demand that those who would judge us observe the highest standards of conduct so that the integrity and independence of the judiciary are preserved.
Any judge who puts that integrity at risk should be permanently removed from the bench.
That's why we credit, and support, 2nd Judicial District Attorney Barry Staubus' decision to contest judicial diversion sought by former Hawkins County Juvenile Court Judge Daniel Boyd.
Boyd, of Rogersville, appeared in Hawkins County Criminal Court Feb. 29 and entered a plea of guilty to one count of criminal simulation and three counts of forgery, all Class E felonies.
He was arrested last August after an investigation by the Tennessee Bureau of Investigation, which alleged he forged names on a default judgment of divorce. Boyd also was charged with one count of bribery, also a felony, which was dismissed.
In the grand scheme of things legal, these charges do not loom large in terms of judicial misconduct. But any judge who commits any offense that undermines public confidence in the rule of law should turn in his robes, as Boyd has done in pleading guilty.
As is, he got off with slap on the wrist. Special appointed Judge Kelly Thomas from Knoxville sentenced Boyd to 18 months of supervised probation and $400 in fines.
Boyd's license to practice law has been placed on inactive status. Any further action against Boyd's license is subject to the jurisdiction of the Tennessee Board of Professional Responsibility, and it's our experience that the board does not hesitate to act in the best interests of the public.
Boyd is seeking judicial diversion in this matter, which would allow him to expunge his record upon completion of his probation. A hearing on this topic is scheduled for May 30.
Judge Thomas ordered a sentencing report to be prepared by the Tennessee Department of Probation and Parole in preparation for the hearing. As a condition of his plea, Boyd will have to complete a mental health evaluation and follow any recommendations given in the sentencing report.
To his credit, Staubus plans to contest the judicial diversion during the hearing.
But there's another matter worthy of discussion in this case. As dictated by state law, Boyd continued to receive his salary after he was indicted. That's only fair in the event of a finding of innocence, but Boyd wasn't innocent.
After months went by, he admitted he broke the law. So, are taxpayers going to be reimbursed for paying his salary while he was off the bench awaiting disposition?
The answer is no. But it shouldn't be. Boyd collected his pay until he submitted a letter forgoing his salary as juvenile court judge on Feb. 15.
To that, Hawkins County Mayor Mark DeWitte said, "I appreciate Mr. Boyd's willingness to relieve a significant burden on Hawkins County taxpayers who were paying both the salary of Mr. Boyd" and his replacement for more than five months.
Taxpayers likely don't agree. Likely they don't appreciate paying someone for doing nothing, and in cases such as this, the law should provide for reimbursement to taxpayers when charges are founded.
-- Kingsport Times News. March 14, 2024.