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Case Summary for Complaint # 1445


Name: Thornton Basil Hatter

Title: Pro Tem Judge

Court: Jefferson District Court

County: Jefferson

Discipline: Censure & Disqualification

Method of Resolution: Supreme Court affirmed

Discipline Date: 10/07/1994

Canons Violated:1, 2(A)

Summary: The Commission censured and disqualified from future service as a judicial officer a former pro tem judge for misconduct with a minor. The former pro tem judge had picked up a twelve-year old while the minor was hitchhiking, taken the minor to his house overnight, and dropped the minor off by the side of the road the next morning. The Commission found that the conduct was serious, involving a judicial officer appearing to take advantage of a naive twelve-year old in circumstances where the child was vulnerable. The Commission also found that the former pro tem judge had demonstrated an absence of ability to supervise the youth although he possessed full knowledge of resources available in the county, noting that the youth appeared to have the run of the house over the former pro tem judge's ineffective objection or with his tacit approval. The Commission found that the former pro tem judge's statement to the minor that he did not have any rubbers as an excuse not to engage in anal intercourse was inappropriate to a naive boy. Noting that hitchhiking is an illegal activity, the Commission also found that the judge had given the minor a cardboard sign to facilitate his hitchhiking. The Commission dismissed two other charges based on incidents that occurred before the former pro tem judge had performed judicial functions. However, the Commission stated that the incidents could be considered for probative value and determining the sanction. One of the incidents also involved picking up a minor. In the third incident, the former pro tem judge had intimidated an individual who owed him money. The Commission concluded that these incidents demonstrated that the former pro tem judge's conduct was not an isolated event but part of a pattern of conduct involving individuals in vulnerable positions that bears on his fitness to perform judicial functions. The State Supreme Court affirmed the Commission's decision and removed Judge Hatter from office.

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