Parties quiet as prosecutor delves into Gunter’s battery case
Posted on Friday, October 5, 2007
Arkansas Supreme Court Justice Jim Gunter declined to comment Thursday on an allegation he struck his sister Sept. 2 during a dispute over genealogy records at his father’s residence in Hope.
“Because it’s an ongoing situation, it would be inappropriate for me to talk about,” Gunter said while leaving the Supreme Court chambers after hearing oral arguments in two cases.
Pulaski County Prosecuting Attorney Larry Jegley has been appointed a special prosecutor to look into the case after Eighth North Judicial District prosecutor Chris Thomason recused from the matter because he knew Gunter and his family.
Jegley said it could be a matter of weeks before there is any action on the case.
“I’m going to look at the issue carefully and do whatever I feel is in the best interest of the law,” Jegley said.
David Stewart, executive director of the Judicial Discipline and Disability Commission, said he couldn’t comment on the situation.
The rules of the commission lay out the procedure by which inquiries can be opened.
Rule 8, Section A, Initiation of Inquiry, states: “In accordance with these rules, any information submitted by a complainant or otherwise brought to the attention of the Commission stating facts that, if true, would be grounds for discipline shall initiate an inquire relating to the conduct of the judge. The Commission on its own motion may make inquiry with respect to the conduct of a judge.” But agency rules also state that the commission cannot publicly acknowledge an inquiry until after a probable cause hearing has been held in the matter.
Gunter’s sister, Janet Gibson, 62, of Dade City, Fla., told a Hempstead County sheriff’s deputy that her brother had back-handed her and pushed her down during a dispute at the home of their 88-year-old father, J. H. Gunter in Hope.
Janet Gibson subsequently told a reporter that it was “a private matter.” According to an incident report by Hempstead County Deputy Jerry Crider, Gibson suffered “minor injury.” She told the deputy that her brother had brought some genealogy papers to their father’s home on Aug. 31, and that she was supposed to look at the papers in preparation for a Sept. 2 family reunion in Hope.
She said that after returning from the reunion, she put the papers in a bedroom, and when Gunter returned to the home, he became upset that Gibson had been “bothering his stuff,” according to the report.
Gibson told the deputy that Gunter back-handed her in the mouth and then pushed her to the floor during a scuffle over the documents. The deputy noted in his report that Gibson had some visible signs of injury.
The report classifies the crime as a third-degree battery, a class A misdemeanor punishable by up to a year in jail and a fine of up to $ 1, 000.
Supreme Court Chief Justice Jim Hannah has said he could not comment specifically on the matter.
“It’s very limited in what anybody on the court could say about it, because it could possibly come before the court,” Hannah said.
As to whether Gunter would recuse from hearing other cases pending the outcome of the investigation, Hannah said: “On recusal, it is an individual call, and it’s done on a case-by-case basis.” Arkansas Gov. Mike Beebe has said he believes Gunter has been “an excellent judge.” “Like every investigation, everyone needs to reserve judgment until all the facts come out and the investigation is concluded,” he said. “I trust that court’s ability to be able to handle a situation like this. If they think there is any issue or any problem, I’m sure they will take the appropriate course of action.”
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