Special To The Plain Talk

 

 

NEWPORT-In the shadow of at least one complaint filed before the Tennessee Court of the Judiciary, Cocke County General Sessions Judge John Bell has temporarily stepped down from hearing criminal cases involving misdemeanor probation.

 

According to an order filed in sessions court on Monday, Judge Bell's decision not to hear those criminal cases is temporary until the resolution of a complaint filed before the court of the judiciary by Newport resident Dan Metcalf. The judge is also asking the Tennessee Administrative Office of the Courts to appoint a special judge to hear criminal cases in which misdemeanor probation through general sessions court in Cocke County could be an issue until Metcalf's complaint is resolved.

 

Although Metcalf's complaint is not directly related to questions about misdemeanor probation in general sessions court, the issue is one part of the series of events which led to the filing of the complaint.

 

Questions have been raised concerning whether it is a conflict of interest for a company operated by the judge's brother-in-law to oversee probationers in general sessions court.

 

East Tennessee Probation, operated by Tommy Large, who is married to the judge's wife's sister, is the company contracted to oversee misdemeanor probation in sessions court. Questions have been raised about whether this arrangement represents a conflict of interest for Judge Bell.

 

The order Judge Bell issued on Monday explains that Metcalf filed the complaint with the court of the judiciary in February 2006 and the complaint is currently being processed by that court.

 

"One of the issues in the civil complaint is whether Judge John A. Bell should hear criminal cases wherein someone will be on probation," Judge Bell's order reads. "Judge Bell currently hears criminal cases of this nature on each Monday and Wednesday of each week.

 

"With the status of the civil complaint being processed before the Tennessee Court of the Judiciary, the undersigned feels it is necessary to recuse himself from all of these types of cases pending the resolution of Mr. Dan A. Metcalf's complaint," the order continues.

 

Judge Bell ordered that a copy of his written order be filed in general sessions court and with the Tennessee Administrative Office of the Courts in Nashville.

 

He also issued "a temporary blanket recusal of himself from all criminal cases of this nature pending the outcome of the civil complaint filed by Dan A. Metcalf."

 

Finally, the judge's order asks that state officials "appoint a special judge to hear criminal cases on each Monday and Wednesday of each week in the Cocke County General Sessions Court pending the resolution of the civil complaint."

 

When contacted by the Plain Talk, Judge Bell declined to comment further except to say that he is preparing an answer to Metcalf's complaint which will be filed in the public record as a part of the civil proceedings.

 

Metcalf also declined comment on Monday, citing the required confidentiality of the complaint process.

 

Metcalf's complaint with the court of the judiciary was filed as a result of an incident in February 2006 when Metcalf, who at the time worked as a bail bondsman, was called before Judge Bell about comments he was alleged to have made outside the courtroom on a courthouse bench concerning whether a defendant who was charged with passing bad checks should be drug tested.

 

Metcalf alleges that Judge Bell's action violated Metcalf's right to free speech under the United States and Tennessee constitutions.

 

According to the administrative office of the courts' web site, the Tennessee Court of the Judiciary was created by the state legislature to "provide an orderly and efficient method for making inquiry into the physical, mental, and/or moral fitness of any Tennessee judge; whether the judge committed judicial misconduct; whether the judge committed any act calculated to reflect unfavorably upon the judiciary of the state or bring it into disrepute or which may adversely affect the administration of justice in the state."

 

The court of the judiciary also provides "a process by which appropriate sanctions may be imposed [and to] implement constitutional provisions by providing a procedure for the removal of judges."

 

The 16-member court includes ten judges, three attorneys, and three laypeople, who, "after investigation and hearings, may recommend removal, suspension, or other discipline of a judge," according to the web site.