Issue

Misconduct—DWI—minor daughter in car—uncooperative during arrest—invoking judicial title to avoid legal consequences—censure

Summary

The Supreme Court censured a district court judge for violations of Canons 1 and 2A of the Code of Judicial Conduct–amounting to willful misconduct that was prejudicial to the administration of justice–after the judge was arrested for driving while impaired, where he: had been driving with a high blood alcohol level (.23) on a workday during regular court hours, and with his thirteen-year-old daughter inside the car; was uncooperative with and disrespectful toward the officer who arrested him; and then repeatedly invoked his judicial title while pleading with the officer for leniency. After weighing the egregiousness of the judge's conduct against his commendable behavior following his arrest (he self-reported the incident to the Judicial Standards Commission, cooperated with the Commission's investigation, and sought treatment for alcohol abuse), the Court concluded that censure was the appropriate sanction, while noting that it was also the "minimum acceptable consequence" in this case.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →