Samford, Matter of
Decision Date | 09 December 1977 |
Citation | 352 So.2d 1126 |
Parties | In the Matter of William J. SAMFORD, II, Judge of the District Court of Lee County, Alabama. SC 2651. |
Court | Alabama Supreme Court |
Jacob A. Walker of Walker, Hill, Adams, Umbach & Herndon, Opelika, for appellant.
James S. Ward and Rosa G. Hamlett, Asst. Attys. Gen., for the State.
William J. Samford, II, District Judge of Lee County, Alabama, was charged with failure to avoid impropriety and the appearance of impropriety in all his activities in violation of Canon 2 of the Canons of Judicial Ethics. 1 Specifically, he was charged with failure to remit fiduciary funds. He was found guilty and removed from office by the Court of the Judiciary. We affirm.
To fully understand the charge, it is necessary to look at all the events leading up to the complaint, including those events which occurred prior to February 1, 1976, the effective date of the Canons of Judicial Ethics. While practicing as a private attorney, Judge Samford was employed by Sergeant Flakes to handle a wrongful death action for the death of his sister, Jean Flakes Williams. The suit was settled for $7,500, and in November 1974, the draft was sent to Sgt. Flakes, who was stationed in Spain, for his endorsement as administrator of the Williams estate. 2 Upon receipt of the returned draft, Judge Samford placed the funds in a trust account, withdrawing the agreed-upon $1,500 attorney's fee in December.
Judge Samford was elected to the Lee County District Judgeship and took office in January, 1975. After his election he agreed to complete the administration of the estate without further compensation. The Judge later withdrew money from the trust account for purposes unrelated to the Williams estate, including a withdrawal of $5,500, which was used to pay the principal and interest on his personal loan, and $500 to pay rent.
Sgt. Flakes contacted Samford several times while he was still practicing law, concerning the administration of the estate but received no satisfactory response. In November, 1975, Flakes first notified the Alabama Bar Association of his complaints concerning Judge Samford's handling of the matter. The Bar Association notified the Judge of the complaint in April, 1976. After five letters from the Bar Association and the Grievance Committee, the Judge finally responded in January, 1977, giving an explanation for his actions in the Williams case and enclosing a check for $6,000. The check was returned with instructions to settle the matter and disburse the funds within 30 days. It appears that ended the matter as far as the Bar Association was concerned. However, Judge Samford did not carry out the instructions of the Bar. On May 2, the Judicial Inquiry Commission, after hearing from Sgt. Flakes, filed a complaint against Judge Samford with the Court of the Judiciary. During that same month, Judge Samford turned the estate matter over to another attorney.
During the proceedings of the Court of the Judiciary, Judge Samford fully admitted to his delay in paying out the funds. His only explanation for such an extensive delay was that he was very busy with his duties as judge and was heavily involved in setting up the state-wide district court system. No explanation was given as to why he used $6,000 of the trust account for his personal gain.
The Court of the Judiciary held:
From this order, Judge Samford appeals, claiming that although he was charged only with failure to pay over fiduciary funds, he was found guilty of that offense as well as of taking the fiduciary funds for his own personal benefit, an act which occurred prior to the effective date of the Canons of Judicial Ethics. Accordingly, he urges this court to review the facts of the case and to impose a lesser sanction.
Under this "recommendation" system this court has applied the test of whether the evidence supported the finding of facts and conclusions of law of the charge. In re Sollie, 292 Ala. 606, 298 So.2d 601 (1974). Other jurisdictions with a similar system have also considered the scope of review. See In re Daniels, 340 So.2d 301 (La.Sup.Ct.1976); In re Kelly, 238 So.2d 565, 571 (Fla.Sup.Ct.1970), cert. den. 401 U.S. 962, 91 S.Ct. 970, 28 L.Ed.2d 246, rehearing den. 403 U.S. 940, 91 S.Ct. 2245, 29 L.Ed.2d 720 (1971). In analyzing their "recommendation" system, which also calls for review on the facts and the law, the Florida Supreme Court stated:
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Pauley, In re
...at 1325; In re Nowell, 293 N.C. 235, 247, 237 S.E.2d 246, 254 (1977); In re LaMotte, 341 So.2d 513, 516 (Fla.1977); Matter of Samford, 352 So.2d 1126, 1129 (Ala.1977); Matter of Heuermann, 90 S.D. 312, 317, 240 N.W.2d 603, 606 (1976); In re Rome, 218 Kan. 198, 206, 542 P.2d 676, 684 (1975);......
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Goldman v. Nevada Com'n on Judicial Discipline, 18326
...and appellate review that have guided our assessment of the facts and issues disclosed in this record. See generally Matter of Samford, 352 So.2d 1126, 1128-29 (Ala.1977); Geiler v. Commission on Judicial Qualifications, 10 Cal.3d 270, 110 Cal.Rptr. 201, 203-04, 515 P.2d 1, 4 (1973), cert. ......
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In re Gillard
...disciplinary decisions of this court, we now expressly adopt the same clear and convincing evidence standard. See, Matter of Samford, 352 So.2d 1126 (Ala.1978); In re Hanson, 532 P.2d 303, 307 (Alaska 1975); Geiler v. Commission on Judicial Qualifications, 10 Cal.3d 270, 276, 110 Cal.Rptr. ......
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Whitehead v. Nevada Com'n on Judicial Discipline
...system in favor of procedures intended to vest a far greater degree of authority in Nevada's commission. See, e.g., Matter of Samford, 352 So.2d 1126, 1129 (Ala.1978) (where adoption of constitutional amendment replaced old "recommendation" system of judicial discipline with new system mere......