Suspended judge plans to continue re-election bid
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
guesswho wrote on Mar 12, 2008 8:45 AM:
"
none wrote on Mar 12, 2008 11:55 AM:
MikeT wrote on Mar 12, 2008 8:12 PM:
Jess wrote on Mar 12, 2008 10:01 PM:
Melanie wrote on Mar 13, 2008 8:59 AM:
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:
Anonymous wrote on Mar 13, 2008 4:07 PM:
Roy wrote on Mar 14, 2008 6:36 AM:
FCPolitico wrote on Mar 14, 2008 9:33 PM:
Clifford wrote on Mar 15, 2008 5:22 PM:
Michael wrote on Mar 17, 2008 1:23 AM:
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:
Jack wrote on Mar 17, 2008 9:29 AM:
Lisa wrote on Mar 17, 2008 3:57 PM:
Kenny wrote on Mar 17, 2008 6:20 PM:
"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:
Unafiliated Voter wrote on Mar 18, 2008 9:52 AM:
Carol wrote on Mar 20, 2008 7:59 AM:
unafilated voter that knows Judge Badgett wrote on Mar 21, 2008 4:24 PM:
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:
Misty wrote on Mar 21, 2008 4:27 PM:
Joyce wrote on Mar 22, 2008 12:04 AM:
Mandy wrote on Mar 22, 2008 12:07 AM:
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:
Glenda Robbins wrote on Mar 24, 2008 4:34 AM:
"
James F. wrote on Mar 24, 2008 11:35 PM:
Lisa wrote on Mar 25, 2008 6:34 PM:
and let him get on with serving justice to criminals. "
Carol wrote on Mar 26, 2008 11:27 AM:
TechFac wrote on Apr 12, 2008 6:49 PM:




