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Suspended judge plans to continue re-election bid

Published: Tuesday, March 11, 2008 10:22 PM EDT
Tom Joyce

Staff Reporter

Suspended District Court Judge Mark Badgett admitted Tuesday that he has made mistakes, but says he's learned from them and is ready to move on - which includes no plans to abandon his re-election campaign.

“It doesn't change anything,” Badgett said of the 60-day suspension handed down Friday by the N.C. Supreme Court. During his time away from the bench in Surry and Stokes counties, he added, “I plan to campaign each and every day.”


Badgett, a Pinnacle resident now completing his first four-year term as a judge in District 17B, was suspended in the wake of an investigation launched in the fall of 2006 by the N.C. Judicial Standards Commission.

A series of hearings was held in Raleigh by the commission focusing on a business relationship Badgett had with an attorney who leased his old law office and allegedly received preferential treatment when his cases were tried in Badgett's court. Judicial Standards officials also found that the judge had created a threatening and hostile work environment for District Attorney Ricky Bowman and his staff.

Evidence further showed that Badgett had coerced or attempted to coerce guilty pleas from two defendants in his court and was “habitually rude and condescending to those who appeared before him and demonstrated an arrogant and contemptuous demeanor.”

While the commission had made a disciplinary recommendation to the state Supreme Court that Badgett be censured, the court decided that Badgett's actions were serious enough to merit a suspension as well as censure. A censure is a formal condemnation of a judge's behavior that is entered onto his permanent record.

The court ruled that the local judge was guilty of “gross” and “willful” misconduct that went beyond any error in judgment or negligence.

Badgett's integrity also was called into question by the Supreme Court, which found that he made untrue statements regarding his actions during testimony before the commission. The high court found this particularly disturbing, since Badgett was under oath and sworn to tell the truth at the time.

On Tuesday, Badgett did not try to soothe over the allegations against him, but said there were extenuating circumstances involved, and that he still can be an effective judge despite the state's disciplinary action.

“All of these allegations occurred in a very short time period several years ago,” he explained. “A lot of them happened around the time my father died.”

“He's learned his lesson and he's ready to move on,” J. Clark Fischer, a Winston-Salem lawyer who represented Badgett during the state inquiry, said Tuesday. “Mark admitted in the hearings before the Judicial Standards Commission that he has made some mistakes and that he had learned from his mistakes.”

Badgett agreed: “It's made me a better person and it's made me a better judge.”

Both the judge and his attorney also made mention of an element that hasn't been publicized, which surrounds the fact that more than 30 people attended the commission hearings to testify on Badgett's behalf.

Included were lawyers, law enforcement personnel, courthouse employees and “civilians” in the two counties Badgett serves. One person testifying was a former courtroom clerk whom Badgett said “was with me every day,” Lisa Holder Johnson. She even flew from Florida to North Carolina to provide statements to the commission.

“I had at least a half a dozen lawyers to testify on my behalf. I had probation officers and other courtroom personnel,” Badgett said.

“We had people coming out of the woodwork wanting to testify on Mark's behalf,” said Fischer.

Yet that was not enough to sway the opinion of the Judicial Standards Commission or the high court. “I'm certainly not going to argue with the Supreme Court,” Badgett's lawyer said. “They made the decision that they made.”

Fischer thinks the ordeal will make Badgett a better judge in the long run, however, “and a lot of people thought he was pretty good at the start.”

“It says to me that I am a fair judge,” Badgett said of the show of support by those willing to testify on his behalf. “I'm tough, but fair.”

The local judge also thinks he can work effectively with the district attorney's staff in the future, despite past hostilities that were well-documented by the Judicial Standards Commission.

A key allegation regarded an attempt by Badgett to coerce Bowman into signing a questionable “remittal of disqualification” disclosing his landlord-tenant relationship with the lawyer who leased his old office. When the district attorney refused, the judge is said to have reacted angrily and threatened to “clog up Superior Court.”

During the hearings, Badgett ceased hearing criminal cases, since that would have required dealing with the district attorney's staff, and limited himself to civil court proceedings. He later resumed presiding over criminal matters.

Aside from his relationship with courtroom personnel, Badgett said that, even more important, citizens don't have to worry about his performance or integrity on the bench, both after his suspension ends and if he is re-elected to another term this fall. Badgett's opponent in the non-partisan District Court judge's election is William F. “Bill” Southern III, 27, of Walnut Cove, an assistant district attorney

“They don't have to be concerned about that,” he said. “I conduct court in a fair and impartial manner. I'm a strong law-and-order judge. But I'm fair and impartial to all the people who appear before me.”

Badgett's attorney pointed out that all judges will face turbulence from time to time, simply due to the nature of their extremely difficult job.

“No matter what you do,” Fischer said, “you're going to make some people mad.”

Contact Tom Joyce at tjoyce@mtairynews.com, or at 719-1924.



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Reader Comments

The following are comments from the readers. In no way do they represent the view of mtairynews.com.

guesswho wrote on Mar 12, 2008 8:45 AM:

" The court ruled that the local judge was guilty of “gross” and “willful” misconduct that went beyond any error in judgment or negligence.
"

none wrote on Mar 12, 2008 11:55 AM:

" I tried to comment this story yesturday but obviouslly, someone at the Mt. airy news doenst like Mark Badgett. You bunch of liberal jerks. It's ridiculous that what I had to say could not be posted. I had nothing but good things to say aside from how it was silly that it took a year and a half to make the decision to suspend him for 60 days. I hope someone with common sence reads this on and decides to post my comment from yesturday. "

MikeT wrote on Mar 12, 2008 8:12 PM:

" As someone seriously looking to relocate my family and internet based business to the area. I will be watching this election carefully. I have to question why a community would reelect this kind of person as a judge again. For me there is no excuse for this mans behavior. "

Jess wrote on Mar 12, 2008 10:01 PM:

" Why would anyone re-elect this man? What is he thinking? There is no excuse for what he did. I will also say this - HE IS NOT THE ONLY ONE DOING THIS SORT OF THING here in this community, he is just the one who got caught. DO NOT RE-ELECT HIM! "

Melanie wrote on Mar 13, 2008 8:59 AM:

" Answer to Mike T's question. 1- Do you believe everything you read? 2- Have you ever heard of politics? This is what happens is little town politics.You Pi$$ someone off and they twist your words, talk baout you and beat the bushes till they find someone to run against you...
About the relocating--if you believe everything ou read and you believe these things about Judge Badgett do us all favor and stay where you are.. we have enough undecuated volers here! "

Paul wrote on Mar 13, 2008 2:04 PM:

" Judge Bagett is a far man. He may talk sternly but he gets businees done in a timely manner. He doen't take or make excuses! He is a good jugde and needs tobe re-elected. "

Anonymous wrote on Mar 13, 2008 4:07 PM:

" Common sense tells me where there is smoke, there is usually fire. I am not sure this man is the Saint you choose to believe he is. "

Roy wrote on Mar 14, 2008 6:36 AM:

" As for the Judge how can he be trusted on being fair... I don't see how he can even run for office... "

FCPolitico wrote on Mar 14, 2008 9:33 PM:

" This is another perfect example of the win at any cost politics of the North Carolina Democrat party. It is sad that the Democrat party would seek to damage the reputation of a wonderful public servant like Mark Badgett in order to further their own political goals by making these trumped up charges. It is pretty obvious that this is all politically motivated, Ricky Bowman is a well known Democrat Party supporter, and Badgett's opponent in the upcoming election, William Southern, is also a Democrat who has taken in nearly $1,000 in campaign support from the other Democrat ADA's in Stokes County. Southern is only 27 years old with only a couple years of court experience, and is in no way qualified to serve as judge in this district. I think the people in this district are smart enough to know these charges are just more dirty politics brought to them by the NC Democrat Party, and will re-elect Badgett. "

Clifford wrote on Mar 15, 2008 5:22 PM:

" I come home after being out of town for a few days and learn that lo and behold ... Judge Mark Badgett's arrogance has finally come home to him. To Melanie and Paul.........Surely you must be relatives of this judge and feel some incredible, blind desire to defend him regardless of the facts of the case. To claim that this is politics is patently absurd. This matter wasn't heard in a local courtroom...it was heard by the N.C. Supreme Court...(a court dominated by Republicans in this state...as is Judge Badgett). If this man has even a shred of integrity and honor about him, or any sense of justice...he will step down. - - - p.s. If you're going to call someone else uneducated in your post, at least learn how to spell uneducated. Sorry MikeT.......every community has at least a few. "

Michael wrote on Mar 17, 2008 1:23 AM:

" I can spell very well. Of all the names listed below, 86% of them are guess what........DEMOCRATS.

Personally,
I like a LAW and ORDER JUDGE.


NC Supreme Court:

Patricia Timmons-Goodson
Edward Thomas Brady
Mark Martin
Sarah Parker
Robert Holt Edmunds, Jr
Paul Martin Newby
Robin E. Hudson

NC Judicial Review Commission
Judge Members
John C. Martin
Chairman
Court of Appeals
Raleigh

Richard C. Boneer
Vice-Chairman
Superior Court
Charlotte

Paul L. Jones
Vice-Chairman
Superior Court
Kinston

Rebecca Knight
District Court
Asheville

Tanya T. Wallace
District Court
Rockingham

Attorney Members
Edward T. Hinson, Jr.
Charlotte

L.P. Hornthal, Jr.
Elizabeth City

Dudley Humphrey
Winston-Salem

William O. King
Durham

Lay Members
Linda Brown Douglas
Cary

Todd Tilley
Hertford

R. Wayne Troutman
Concord

T. Ray Warren
Hiddenite

Executive Director -Paul R. Ross Commission Counsel - Nancy A. Vecchia

Surry County DA Office
Ricky Bowman Democrat "

Carol wrote on Mar 17, 2008 8:22 AM:

" I wouldn't claim to know if Judge Badgett is quilty as charged or not. I have spent a limited amount of time with Judge Badgett in a social setting and found him to be uptight and arrogant, however, if Clifford thinks politics isn't involved with this he is blind to how our small town justice system works. Yes, Mr. Badgett is listed as a Republican, however, everone knows that he use to be a Democrat and really isn't loyal to either party. I am definitly not saying I agree with Mr. Badgetts decisions, but it is apparent to myself as well as most other insiders why he is being prosecuted, that is because he is a threat to Surry county's District Attorney's office. They can not control him and they can't use the leaders of either political party to control him. I personally think he made some terrible statements but that has nothing to do with this, it is an excuse to get rid of someone the DA's office can't control. If it was all about honesty then we all know that ADA James Yeatts would have been out of the DA's office long ago. Or if it was about fairness to those charged with crimes then DA Ricky Bowman would have been kicked out years ago. If it was about moral issues than ADA Tom Langan would have never been hired in the first place. I am not trying to put anyone down or persecute anyone, I am just saying, is it fair for the DA's office to be able to tell the judge's, jurors and the public out right lies to persued descions, is it fair for the DA's office to base prosecution descions on who their families/children like or dislike, is it fair to prosecute because you think all people of a particular race or beneath you. The prosecution of Mark Badgett is political, he can't be controlled so he will be gotten rid of. And if any of you really think there will be an election you don't know as much as you think you do. There will be NO election with Mr. Badgett involved.The DA's office will work with the AG's office to make sure of that. They are afraid that he will still win, so they will make sure that he has to pull out. I'm not sure how they will do it yet, but mark my words they will not let Mr. Badgett run because they are afraid he will win again and they can't control him. "

Jack wrote on Mar 17, 2008 9:29 AM:

" This illustrates the problems inherent in electing judges; the citizenry doesn't always put the most capable and professional people in office. "

Lisa wrote on Mar 17, 2008 3:57 PM:

" In respons to Carol, I totally agree with you. In fact you've said exactly the same thing I've heard several others say. I also work within our "Justice" system and I think outsiders don't realize that it is all about politics. I think Judge Badgett is an arrogent man, however, I also believe he is more up front and honest than anyone we have working in the DA's office. You know where he stands and I think that is important. "

Kenny wrote on Mar 17, 2008 6:20 PM:

" In reference to what Carol wrote. "AMEN". If anyone out there really thinks that that judge Badgett is the only dishonest person in the court systems, I feel sorry for you. He might be an ---hole, but at least you know where you stand with him. He dont eat you up to your face and then try to knock you down when you turn around like them people in the DA's office. I think it is time the common folks here in Surry stood up for our rights and said we have had enough of this crazy justice system with the Good Ole Boys running everything. I heard this lady from Dobson is trying to get together a policing the police group, that will monitor the police ant the DA's office. Maybe we need it here, I know we aint no NY city but I bet you our system is just as corrupt as any big city. Just remember that saying by Earl Warren
"Life and liberty can be as much endangered from illegal methods used to convict those thought to be criminals as from the actual criminals themselves." "

A Republican wrote on Mar 17, 2008 10:21 PM:

" Michael , you cannot really believe this was a plot by the Democrats to get rid of the Judge because he is a Republican can you ? As a Republican I find that ridiculous. "

Unafiliated Voter wrote on Mar 18, 2008 9:52 AM:

" It is interesting that so many people need to define themselves as Republican or Democrat, rather than allowing their values and opinions define who they are. Looking at both parties as they are now constituted, neither really stands for anything other than greed and self-absorption (R) or no personal accountability for anything (D). There was a time when "R" meant fiscal responsibility.....what a joke in todays political arena; and "D" meant all for one and one for all.....again, another sad commentary on what those folks apparently stand for now. Judges? We would get better results by drawing names out of a hat! "

Carol wrote on Mar 20, 2008 7:59 AM:

" I would really like to know why the suspension of Surry County Police Officers did not make the paper. I thought the paper was suppose to be about local news. Isn't it news that the SBI is investigating our county police department. "

unafilated voter that knows Judge Badgett wrote on Mar 21, 2008 4:24 PM:

" I work in the system and this is TOTALLY POLITICAL!! All of these charges were brough forth well over a year ago. They were brought by persons in the DA's Office and a handful of disrespectful attorney's. Sometimes after the first hearing were held Judge Bardgett was censured and placed in the civil court room away from the criminal attrneys and DA's. Once that time had run Judge Badgett respectfully and humbly returned to all courts. NOW just a few days after clossing of the filing period we here this nonsence again. IT was the DA"s office that applied presure to the Commission to make a final ruling. It just so happen to be a few days after an emplyee of the DA's office filed to run against Judge Badgett. IT is a crying shame that Judge Badgett integrady has been scared and his charcter has been questioned.
What people are forgetting is this is the justice system. Someone always wins while someone else loses, the botton line is --are criminals being locked up, are our streets safe, are our children protected and is it being done in a lawful manner. YES it is!!! Criminals are being held responsible, children are safe and drug offenders are being put in jail--the problem is the attorneys cry whent hey don't win --it makes them look bad, which results in less clients. The DA's got upset with the Judge becasue he required them to come to court prepared.
They seem to forget that they were coming to court without supeoniing witnesses, looking up records and doing al of their homework. The ones of us there--we remember the nonsence that went on.
Do any of you remember what Judge Massey or Judge Carter were like in District Court, Judge Badgett is polite and loving compare the the direct , hard nosed, bashing those two would give defendaents. I once heard Judge Massey ask a defendant when we was going to marry a girl make an honest woman out of her...If you were to ask that today with all these cry babies in court you would have 100's of complaints files agaisnt you.
As far a the attorney that dare to state the Judge used racial slurs, be carefull, we have all heard the things you say behind close doors also. The moral to this story...Let he who is whith out sin cast the first stone. "

Thinking of moving wrote on Mar 21, 2008 4:26 PM:

" This town never stops. This was obviously started by the DA's office. Does anyonw know what DA statnd for??? "

Misty wrote on Mar 21, 2008 4:27 PM:

" TOm you disappint me.. I expected giberish, trash and bashing from REBEL BAD but not you "

Joyce wrote on Mar 22, 2008 12:04 AM:

" Finally people are beginning to tell the truth, it is shame the Mt.Airy NEWS can't print the it. Since when do you write articles with unfounded fiction, instead of fact. Mr. Badgett did not sale his files --he sold his practice. Something that is often done by attorneys that leave practice, as well as doctors, dentist and other professionals. If you took two minutes to do reseach you would find that this is totally political. If the DA's office is successful in unseating Judge Badgett, I hope he turns his interest to running against Ricky Bowman and cleaning up the disgraceful imbarassment we all know as the Surry County District Attorney's office. "

Mandy wrote on Mar 22, 2008 12:07 AM:

" I like Judge Badgett used to be democrat.
I was asshamed of their lack of interest in Surry county adn their lack of loyalty to person that worked for the betterment of the party. I too, now call myself a Republican. After all teh new republicain party embodies the beliefs of the OLD Democratic party. Democrats are rediculaously liberal and unrealistic.
You GO Judge Badgett I would vote for you for President. We need a man that is not afraid to stand for something! "

William wrote on Mar 22, 2008 12:16 AM:

" My daughter once appeared in front of Judge Badgett. He gave her a good stearn talking too concenring her situation and why she was appearing in from of him. He scared sence into her and I for one am glad he didn't sugar coat reality. To many Juges make decisions and send people through like cattle. The court room is sometimes the last place to teach a lessson. Thank you Judge Badgett, you taught my daughter a lesson she needed to hear. "

Glenda Robbins wrote on Mar 24, 2008 4:34 AM:

" Please use your spell check folks.
"

James F. wrote on Mar 24, 2008 11:35 PM:

" Judge Badgett is the first Republican Judge elected in Surry and Stokes Counties in years! He"s tough on crime. He's firm but fair. He does'nt owe the defense attorneys anything and does'nt make deals with them. The DA's office has'nt tried but a few serious cases in 10 years so they do'nt like him loading up their courts with criminals they might have to try. Its absolutely nothing but the same old good ole boy Dobson politics that has polluted and tried to control everything for years! Is'nt it great timing that these acusations were discussed a year or more ago and they bring it all up again right after the man files for re-election! Is he doing a good job in court? Ask any Police Officer what they think! Ask them to rate him among the other Judges. Speaking of Judges, They say Badgett rented his old office to a defense attorney and tried his cases in court... Take a look at Judge Neaves and Attornery Gillespie. They currently have an office in Elkin, Dobson, and Sparta with both their names on the door and try cases in court every day. Not saying they're bad men, they're not! But it's that the same situation! If you contend that our public officials are doing wrong things in office, lets look at the Da's, Sheriffs, and Clerks, etc. etc. I can write a good book on all of them. Don't let the good ole boys run a good Judge off when all of them have done ten times worse!!! "

Lisa wrote on Mar 25, 2008 6:34 PM:

" JamesF. you tell them!!!! There are alot of skeletons in closets in Dobson! Judge Badget admitted his wrong doing, and that's that. The news did not accurately account the situation, he didn't sell his files, they also printed it as if it happen yesterday--it is old news get on with life.
and let him get on with serving justice to criminals. "

Carol wrote on Mar 26, 2008 11:27 AM:

" To everyone who has expressed concern over what is happening to Judge Badgett, If you stand by and do nothing he will be forced to withdrawl, that is what the DA's office is pushing for. If you support Judge Badgett then you need to let people know. Contact your Attorney Generals office and tell them that you think he was fair and you think he should be able to maintain his position on the bench if the public votes him in. The DA's office is trying to convince the AG's office that we as a county do not want Judge Badgett in office. Let them know that they are not telling the truth, let them no that the DA's office rail roaded Judge Badgett because they couldn't control him. Stop standing by complaining while the good ole boys run off one of the few people who stands up to them. "

TechFac wrote on Apr 12, 2008 6:49 PM:

" All I keep reading on this board is how the Democrats are out to get the Republicans and how this is a politically motivated move. I think that most of the citizenry of Stokes and Surry have lost sight of the fact that the position of Judge is supposed to be a non-partisan election. The political party they belong to should have nothing to do with your choice for Judge. If you feel that you could stand before your choice and receive a fair trial then that should be what guides your decision. Some of you have been watching a little too much television if you believe there is some large behind-the-scenes conspiracy at work in this small part of NC. A judge made some errors in judgment, and now confidence in his abilities has been shaken and some people doubt they could receive a fair trial. He has a challenger that is less experienced but who has not shown the flawed judgment or character of the incumbent. One candidate is censured by a higher court and admits he made some mistakes, the other admits he has less experience but still feels qualified to function in the position. That pretty much sums it up. Let me know when the election stories progress to secret societies and treasure hunts because that kind of stuff makes for good movies. "

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