Conduct board on judge’s suspension: People mocked, policies ignored

Published 12:00 am Thursday, May 29, 2008

The Kentucky Judicial Conduct Commission has provided additional information on what led to District Judge Frank Wakefield II’s suspension.

The commission released an order Wednesday detailing specific incidents that led to Wakefield’s 30-day suspension, which was issued Friday, and acknowledged that he had been issued private reprimands previously for his conduct.

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The order stated that Wakefield, district judge in Allen and Simpson counties, failed to safeguard the fundamental rights of those who appeared before him, and was guilty of improper courtroom decorum and improper activities both on and off the bench.

The commission is responsible for disciplinary actions taken against judges.

Wakefield interrogated people in open court without regard to their privilege against self-incrimination, according to the commission’s findings.

“In one instance, Judge Wakefield interrogated a juvenile and obtained an admission of guilt on one of two charges after the juvenile had expressed an intention to plead not guilty to both charges; and appointed counsel only after these admissions of guilt,” according to the order.

Wakefield would also engage in lengthy and rambling discourses, including trivia unrelated to court business, according to the order. Conducting an arraignment or setting a court date in a single traffic or misdemeanor case could take 10 minutes or more, causing unreasonable delays.

The order also states that Wakefield would demean and belittle people.

In one instance, Wakefield demeaned a young defendant because his mother had posted bond. In another incident, he referred to a person sitting in his courtroom as a “knucklehead” who would not qualify as an employer for a defendant seeking a public defender, according to the order.

“Judge Wakefield pointed out an individual in the courtroom and stated that if he was there to see the court, he was guilty, and after the individual’s unfavorable comment in response to the judge’s question about an earlier case when the judge represented him, Judge Wakefield stated he should have gotten more jail time,” according to the order.

These actions violated the judicial canon, which requires judges to be dignified and courteous with those they deal with in an official capacity, according to the order.

The order also states that Wakefield would impose unlawful conditions or requirements, such as orders that defendants be removed from home schooling and attend public schools in cases unrelated to schooling. He also required a defendant to show contact with 120 potential employers before being appointed a public defender – the employment requirement has no legal basis and is punitive, according to the commission.

Wakefield also engaged in two instances of improper conduct related to the former family court judge in his district, Martha Blair Harrison.

“On July 3, 2007, Judge Wakefield became upset that his court was delayed because the county attorney was attending the family courts session in another courtroom,” the order states. “Judge Wakefield recessed his court to address this problem and commented openly that the public could remedy the situation by going to the polls in November.”

Harrison ended up losing the election to the county attorney at the time of the incident, Sid Broderson.

Wakefield then ended the family court session, and after Harrison announced a recess in order to recognize Wakefield, he confronted her, according to the order.

That violated a judicial rule against publicly opposing or endorsing a candidate for public office and again violated the canon against being dignified and courteous.

The commission did not identify who filed the complaint against Wakefield.

The order also acknowledges that Wakefield had previously received a private admonishment and private reprimand for not being dignified or courteous.

Wakefield waived formal proceedings in accepting the suspension, and also fully cooperated in the investigation, according to the commission.

The suspension begins June 1 and continues through June 30. A special judge will be appointed to conduct district court in Allen and Simpson counties for June.

Charles English Sr., a Bowling Green attorney who represented Wakefield in the investigation, agreed to the order, but stated it was not appropriate for him to comment about the investigation.

Wakefield could not be reached for comment.