Judicial Commission rules judge misrepresented facts in campaign

FRANKFORT, Ky. - An eastern Kentucky judge ran campaign ads that misrepresented his judicial opponent and he should be publicly reprimanded, the Kentucky Judicial Conduct Commission has ruled.

Pike County District Judge Darrel H. Mullins had "engaged in misconduct in office," by misrepresenting facts in political ads against his opponent, John Doug Hays, in his 2002 judicial election, the commission ruled.

"In a judicial election, the candidates must provide the public with truthful and accurate information. When a candidate misrepresents facts, the decision of the voters is undermined and the very foundation of our judicial system is compromised," the commission wrote in a finding signed by chairman Stephen D. Wolnitzek.

The commission charged Mullins in December with four counts that included violating the Code of Judicial Conduct and misconduct. Two of the four counts were dismissed by the commission in a Tuesday ruling, that was made public Wednesday.

Specifically, the commission found Mullins had misrepresented the facts by running ads that claimed Hays did not do his job as an administrative assistant to then Pike County Judge-Executive Karen Gibson. Mullins' ads claimed Hays had cheated Pike County taxpayers by showing up to only three of 20 fiscal court meetings, even though his attendance wasn't required.

"This misrepresentation was particularly egregious in light of the heading to the advertisement that claimed Hays had cheated the taxpayers of Pike County," the commission found.

Mullins also misrepresented Hays' attendance as a member of the state Senate, the commission found. In radio and TV ads, Mullins claimed Hays did not attend more than half of the committee meetings he was supposed to attend.

However, Hays had actually been at 78 percent of the meetings he was supposed to be at, according to the ruling, the commission found.

His attorney, Fred Radolovich of Louisville, said Mullins would appeal the commission's ruling to the Kentucky Supreme Court by Monday.

"I'm half happy, and I'm half sad," Radolovich said, pointing to the commission's dismissal of two of the charges.

Darrel Mullins is a dirty judge who needs to be booted from office.

1 posted on 04/14/2004 6:04:19 PM PDT by MountainPatriot

Wow... I've never seen a case where lies told in campaigns actually ever got prosecuted. Is this a precedent-setter?

An interesting thing... if so.

2 posted on 04/14/2004 6:08:53 PM PDT by Ramius ([...sip...])

No, it's not a precedent, but it's rare. In Kentucky the Judicial Commission has impose this type of action, or worse, if a judge commits these types of acts in election.

The judicial canon of ethics sets all this up.

3 posted on 04/14/2004 6:12:33 PM PDT by MountainPatriot (Let slip the dogs of war.)

Hays had actually been at 78 percent of the meetings he was supposed to be at

What do you think would happen, if we showed up at work 78 percent of the time?-

4 posted on 04/15/2004 1:07:10 AM PDT by razorback-bert

Actually, he wasn't required by law or by any employment agreement to show up to these meetings at any time. The paper didn't get it right.

Anyway, a liar is a liar is a liar.

5 posted on 04/15/2004 1:08:20 PM PDT by MountainPatriot (Let slip the dogs of war.)

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