Arkansas Blog: Proctor targeted on ethics complaint

The long-simmering state Judicial Discipline and Disability Commission investigation of Circuit Judge Willard Proctor's problematic Cycle Breakers probation program finally has broken into public light.

Check it out.

This is messy stuff. Messier even than some of the reporting first done by Mara Leveritt for us on the Little Rock judge. Messier even than a highly critical Legislative Audit review of the program.

The multi-part allegation includes the program itself, his treatment of probationers, "candor," practicing law while on the bench and treatment of staff.

Significant questions: A lack of accounting of money he ordered paid in restitution to crime victims which has not reached the victims and has otherwise been unaccounted for. His program has collected more than $500,000 in five years of operation studied in the probe and has used some of that money to pledge on real estate loans. Proctor himself has received $34,000 for payment of a variety of expenses ranging from church dinners to personal lawn care, moving expenses and a variety of generic reasons unsupported by specific documentation.

Proctor was cited for assessing fees on probationers who missed meetings and ordering the money given to the Cycle Breakers operation he controls, a clear conflict of interest, the report says. He also was cited for his extraordinary "civil probation" program. It has no authority in law. In it, he continues to assess fees on people who've completed probation. He holds hearings without defendants' lawyers or prosecutors present. No records are kept of these sessions.Probationers have complained of unending fees assessed by the judge for Cycle Breakers, adding up to tens of thousands of dollars, according to the report. Those who don't pay are often jailed, thus suffering criminal penalties for civil violations, a practice long held to be illegal in the U.S.

A staff member accused Proctor of helping run a catfish restaurant in which he had an interest by instant messaging from the bench.

He was also cited for "inappropriate relationships" with probationers, including one convict to whom he'd sent money while in prison and who lived with Proctor for three weeks while he was on probation.

He was cited for poor treatment of staff. Among the episodes listed was his previously reported firing of a court reporter who said she couldn't attend a staff retreat in Dallas on account of illness. He reportedly told one staff member she was "evil" and the "devil" and cursed her "in the name of Jesus." Testimony also was given that Proctor had listened in on phone calls between a young man living with him in a Big Brothers mentoring program and the young man's girlfriend.

Staff members accused Proctor of knowingly misleading the Quorum Court about the type of inmates in his Cycle Breakers program during the controversy that arose over his efforts to buy a building for the program near an elementary school in eastern Little Rock. He said sex offenders weren't enrolled, though they were.

The judicial complaint against Proctor, which he'll be able to contest before the commission, has been attended by an extraordinary secret legal action that only the Arkansas Blog has reported previously. Proctor has been litigating under seal with the Arkansas Supreme Court in an effort to quash the investigation or, failing that, keep it under wraps. We reported previously that Proctor had celebrated an earlier split decision by the Supreme Court -- issued under seal -- not to temporarily remove him from the bench on account of the severity of the allegations. It was not the end of his troubles, however.

The release of documents today indicate that Proctor has hit at least a temporary dead-end with the Court and that it has allowed the normal judicial investigative process to go forward.

As a technical matter, the commission has issued notice of a formal disciplinary hearing against Proctor in an investigation begun last year. A date for the hearing has not been set. The investigation has found probable cause to believe that he's violated ethical rules. He disputes those findings and now will be given a chance to contest them in a public hearing. The commission could eventually uphold the findings and set punishment ranging from a letter of caution to removal from the bench.

The allegations outlined suggest the most serious sanction could be a possibility, if the findings are upheld.

No one answered the phone at Proctor's office this afternoon. The same at the office of his lawyer Blake Hendrix.

From my own reporting, I know this is but the tip of an iceberg about Proctor's extraordinary operation of this program. He has designs on expanding it beyond Pulaski County, a design that might be delayed by this investigation.

Final note: A newly elected Little Rock district judge, Mark Leverett, was private attorney for Proctor for an extended perioid and represented Cycle Breakers when it was fighting Freedom of Information Act requests related to its efforts to buy a building and start a program near the elementary school. He's not mentioned in today's report. But he undoubtedly figures at least as a role player in the deeper narrative of Cycle Breakers operation.

UPDATE: A bit of analysis. My sources say a federal investigation of this matter likely won't lead to a criminal prosecution. But might an enterprising lawyer have a class action civil rights suit on behalf of the dozens of people sent to jail for non-payment of illegal civil penalties? I don't think a judge enjoys immunity for extralegal actions taken outside the scope of his employment.

The investigation found that Cycle Breakers, nominally an independent nonprofit, had become "the full-time alter ego" of the judge and was controlled by his hand-picked directors. He has not dealt with it at arms length and this has created continuing conflict-of-interest problems, the investigation said. He controls its money and its spending and he controls probationers assigned there. It has exclusive duties for probationers in his court. Virtually all other courts in the state use the state probation system rather than their own independent operations. All this "casts a shadow" on his impartiality as judge.

The report says the judge has "subverted" purchasing rules to spend probationer fees on court expenses.

He controls check signing by Cycle Breakers, the report said, and has requested signed blank checks to use.

In response to the report that Proctor hadn't been truthful to the Quorum Court and other findings, JP Phil Stowers said:

"I have had great reservations about the commingling of funds between his court and Cycle Breakers. I don't think Judge Proctor is dishonest or lacks integrity. I think his problem is he doesn't cross his t's and dot his i's.... I think he is a good man at heart, but I just think you should avoid the appearance of evil. "

Stowers said he was one of those not in favor of Proctor purchasing the building for Cycle Breakers.

"My only thought would be that I don't know how we gauge somebody's intent," Stowers said, adding that Proctor may not have known about the sex offenders in Cycle Breakers when he spoke to the JPs. If Proctor did seek to purposefully mislead the QC, Stowers said, "that would be a very serious issue."

Comments

With all that CB, Inc money intermingling with Proctor's own funds, I'd bet the IRS would be interested in the accounting methodology.

What is the number for the IRS tipline?

Posted by: 70%er | November 6, 2008 04:25 PM

Sobering. I have been one that has wanted to give Judge Proctor the benefit of the doubt and believe that his intentions and motives were good even when his methods were questionable. He has now officially run out of mulligans with me. I hate to be lied to. There is too much damning evidence in this report to conclude anything other than the fact that he is a crook and a liar and needs to be removed from the bench.

Posted by: Ole Red | November 6, 2008 05:08 PM

copy/paste http://www.irs.gov/pub/irs-pdf/f3949a.pdf

Posted by: tigerfan | November 6, 2008 05:23 PM

Thank you Tigerfan, the IRS in Fresno, CA will be reading of Mr. Judge Proctor's exploits sometime next week.

Posted by: 70%er | November 6, 2008 06:33 PM

I agree, Ole Red. Throw his sorry ass off the bench. I'm sick of corruption.

Posted by: kizzy | November 6, 2008 10:41 PM

Let's hope that newly minted judge Mark Leverett didn't get his finances as involved with Judge Proctor as he did his judgement - the IRS might be paying him a visit, too.

Posted by: 70%er | November 7, 2008 08:35 AM

I assume much will be explained later, but I don't get the whole "civil probation" program. Normally, if you get probation, you don't go to jail but instead have to follow a set of rules, including payment of probation fees. If you don't follow the rules, including payment of fees, your probation can be revoked. But it sounds like Proctor was sending people to an "outside" agency, Cyclebreakers, who was responsible for collecting fees and making sure probationers followed the rules? It does seem wrong to let another agency determine if you have followed your probation rules. He should just use the same probation officers as the other Pulaski County judges.

You can, of course, go to jail for violating court orders in civil cases. While you can't be jailed for a debt, you can be jailed for contempt of court where you violate a court order to pay - assuming you have the means to pay ( or are at least able bodied, and refuse to work.) I think this is very different though as far as the confusing "civil probation." Maybe someone who is more familiar can explain better.

If any of this is true, it's a shame. Judge Proctor came in on the heels of a judge ousted for unethical behavior.

Posted by: hoglawyer | November 7, 2008 08:44 AM

"The world is a dangerous place to live, not because of the people who are evil, but because of the people who don't do anything about it." - Albert Einstein
"He who would do good must do so in minute particulars. General good is the plea of the scoundrel, the hypocrite and the liar."- William Blake

If just a small number of allegations regarding Proctor are true, it appears he is a scoundrel beyond the bounds of minute particulars. Thus it is about time his associates who profess to value justice are finally at long last attending to the depths of Proctor's depravity. Their accounting should also,of course,attend to all those even tangetially associated with Proctor's CB atrocity including Mark Leverett.
I strongly suspect other judges, attorneys and juvenile justice workers would be snared in the net of Proctor's corruption should such an expanded investigation be effected.
I have personally been similarly brutalized by the justice system in the Pulaski County Circuit Courts which to date has cost me my relationship with my cherished son now going on three years. Unfortunately, all my repeated complaints to the same so-called agents of accountability finally acting regarding Proctor have failed thus far to elicit similar accountability regarding the abusive,power-crazed judge in my case .
However, the fact this same body has released such devasting findings regarding Proctor suggest his actual venality must exceed the putrid evidence thus far alleged.

Posted by: Roym | November 7, 2008 10:43 AM

After reading the unsealed complaint --- I see how extensive the allgations are and why people are up in arms about it. As the allegation mentions, "Judge Proctor is using the Pulaski County Regional Detention Facility to enforce debts to a private corporation." Putting someone in jail for non-payment of fees is horrible. I'll have to agree I'm surprised it's taken this long to see any formal action. What were their lawyers doing about all this I wonder, assuming they even had lawyers.

Posted by: hoglawyer | November 7, 2008 04:45 PM

I have been through the cycle breakers program. I think it is a great program that helps lots of first time and even repeat offenders to get their lives back on track. The program helped me and I applaued Williard Proctor for going the extra mile to try to help people like me. I do not know anything about his personal life but when I encountered him in court or at meetings, He always treated me with respect and was very respectful to others. I think that thing have been misinterpeted and hopefully will be cleared up. If all theses things are true then I will be shocked!

Posted by: will | November 18, 2008 11:59 PM

Posted by: will | November 19, 2008 12:01 AM

Posted by: will | November 19, 2008 12:08 AM

I applaud Judge Proctor, he literally saved my life. For the first time since I was a teen-ager I had a sober Holiday with my children ( 3 sons & 10 grandchildren) in 2006) I am 52 yrs. old now & thanks to c/b & drug screens I am clean & sober. I was arrested in 2005 on drug charges & he placed me on prob. I failed a drug test in 2006 & went to court ordered rehab. Thanks to that & c/b I am now clean & sober for the first time in almost 40 yrs. THANKS TO JUDGE PROCTOR & C/B SINCERELY DEBORAH PARKER

Posted by: debbieparker48 | June 1, 2009 10:38 PM

Arkansas Blog

Proctor targeted on ethics complaint

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