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Judicial Ethics

Judge "Displayed Poor Judgment by Wearing His Elvis Presley Costume … During Court Proceedings on or Around Halloween"

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The Missouri Commission on Retirement, Removal, and Discipline of Judges charged Judge Matthew Thornhill with committing misconduct:

That Respondent engaged in a course of conduct in which he failed to maintain order and decorum in the courtroom, in his chambers, and in the courthouse and further failed to maintain the dignity appropriate of judicial office in one or more of the following ways:

  1. That Respondent would routinely wear an Elvis Presley wig on or about October 31 in the courtroom, in his chambers and/or in the courthouse while conducting court business.
  2. That on occasion, Respondent would let litigants and/or witnesses select how they would be sworn in prior to testifying. One option involved the Respondent playing Elvis Presley music from his phone.
  3. That on occasion, Respondent would refer to Elvis Presley during court proceedings, such as referring to Elvis Presley's date of birth or death when such statements were irrelevant to the proceedings before the court.
  4. That on occasion Respondent would refer to the lyrics of Elvis Presley songs during court proceedings when such statements were irrelevant to the proceedings before the court.
  5. That on occasion Respondent would play music from his phone including Elvis Presley songs while entering the courtroom and/or while on the bench doing court business.

Such conduct was violative of Supreme Court Rule 2-1.2, requiring a judge to promote confidence in the integrity of the judiciary and avoid impropriety and the appearance of impropriety; Supreme Court Rule 2-2.1, requiring a judge give precedence to the duties of office; Supreme Court Rule 2-2.5, requiring a judge perform judicial and administrative duties competently and diligently; Supreme Court Rule 2-2. 7, requiring a judge to decide matters assigned to the judge; and Supreme Court Rule 2-2.8, requiring a judge to maintain order and decorum in proceedings before the court and to be dignified and courteous with litigants, witnesses, lawyers, court staff, court officials, and others with whom the judge deals in an official capacity. Further, such conduct is misconduct and or incompetency pursuant to [a]rticle V[, s]ection 24 of the Constitution of the State of Missouri.

Last week, the Missouri Supreme Court agreed, at least as to the costume, in an opinion (In re: Thornhill) by Judge Paul Wilson:

Judge Thornhill stipulated and admitted to "the truth and substantial accuracy" of the charges in the Commission's Formal Notice…. Judge Thornhill displayed poor judgment by wearing his Elvis Presley costume on the bench during court proceedings on or around Halloween for more than a decade…. [His behavior] demonstrates his lack of appreciation for appropriate decorum and for the impression his actions likely created. This Court agrees with the Commission's findings that [his actions] violate the provisions of the Code of Judicial Conduct listed above, [and] are "misconduct" as that term is used in article V, section 24.3, and … merit serious discipline.

The court concluded that this particular charge doesn't merit removal from the bench, but ultimately removed him from engaging in political activity in court (see this post).