Judge ordered to attend education class by State Commission on Judicial Conduct

The Marlin Municipal Court judge was publicly admonished by a state judicial court and ordered to take four hours of judicial education classes.

The State Commission on Judicial Conduct concluded that Judge Lynda Lawless demonstrated a lack of professional competence in the handling of a case in 2006.

"While I hold the Commission in high regard, I am disappointed in the ruling as [the commission] did not take into accordance the circumstances surrounding the case." said Bill Torrey, attorney for Ms. Lawless. "Judge Lawless took over the office that was in total disorder following the dismissal of the previous municipal judge. The office, which deals with a high caseload, was, and still is understaffed." Torrey continued.

Among its findings, the court concluded that Lawless conducted proceedings without a prosecutor present; issued an arrest warrant for a defendant defaulting on a fine without a judgment in place; coerced the defendant to pay all fines for the case by threatening arrest and jail time; failed to announce and render a court decision in open court; and failed to record the ruling in writing.

The defendant in the case, Joan Barganier, had several pending citations including speeding tickets, failure to vaccinate her dogs and allowing the dogs to run loose. According to the report, Barganier missed a court hearing on Jan. 31, 2006. A prosecutor was not present at the hearing, and the judge questioned witnesses and reviewed evidence. Though a judgment was not made against Barganier at the end of the hearing, Lawless issued arrest warrants for Barganier on Feb. 2, 2006, for failing to pay the citations and appearing in court.

When Barganier appeared in court on Feb. 7, 2006 for a second hearing, Lawless, who was ill and under a doctors care, was confined to her bed and conducted proceedings over the phone when called by [Lawless's] staff member.

According to the commission's report, Barganier said she requested a jury trial and entered a plea of not guilty according to the commission's report, but those requests were ignored by the judge and not recorded. A prosecutor was also not present at this hearing. Barganier paid $5,160 in fines at the time, after she was told by Lawless that she would go to jail if she did not comply.

The commission ordered Lawless to take four instructional hours under a mentor on appearance bonds, warrants, class C misdemeanor pre-trial and trial procedures and record-keeping.

"I take full responsibility for the incident and will adhere to the Commission's ruling, Ms. Lawless said.

"It was unfortunate that it came to this," Torrey said. "I have known Judge Lawless for many years and I feel the Commission did not take into account the difficult situation that prevails in Marlin and Falls County because of economic restraints and the lack of funds to properly staff the offices throughout the entire county. She takes her position seriously and I am sure she will continue to do an outstanding job."