Stuhl, In re

• Citation: 233 S.E.2d 562,292 N.C. 379
• Decision Date: 14 April 1977
• Docket Number: No. 44,G,No. 35,35,44
• Parties: In re Inquiry Concerning a Judgeeorge Z. STUHL.
• Court: United States State Supreme Court of North Carolina

Page 562

233 S.E.2d 562

292 N.C. 379

In re Inquiry Concerning a Judge No. 35, George Z. STUHL.

No. 44.

Supreme Court of North Carolina.

April 14, 1977.

(Judicial Standards Commission) Millard R. Rich, Jr., Deputy Atty. Gen., Raleigh, for appellant.

L. Sneed High, Fayetteville, for appellee.

ORDER OF CENSURE

EXUM, Justice.

This matter is before the Supreme Court upon the recommendation of the Judicial Standards Commission (Commission), filed with this Court on 30 December 1976, that Judge George Z. Stuhl, Judge of the General Court of Justice, District Court Division, Twelfth Judicial District (respondent), be censured for willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute. See Article IV, section 17(2) of the North Carolina Constitution and G.S. 7A-376 (1975 Cum.Supp.). Respondent George Z. Stuhl did not petition this Court for a hearing upon the censure recommendation, thereby waiving the right to file a brief and to be heard on oral argument. Rule 2, Rules for Supreme Court Review of Recommendations of the Judicial Standards Commission, 288 N.C. 740.

Having considered the record consisting of the verified complaint and answer filed with, the evidence heard by, the findings of fact, conclusions, and recommendations made by the Judicial Standards Commission, we take note of the proceedings and findings and, based thereon, make our conclusions of law and order of censure:

PROCEEDINGS BEFORE THE COMMISSION

1. This proceeding was instituted before the Commission by the filing of a verified complaint on 29 June 1976 which alleged that respondent had engaged in willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute in that:

(a) The respondent George Z. Stuhl presided over District Court No. 5 in Cumberland County on 13 November 1975 and on that date personally entered a verdict of guilty and a judgment of "Prayer for Judgment Continued" on payment of costs in a criminal action, No. 75-CR-36358, against Fay Victor Parrous wherein said Parrous was charged with unlawfully and willfully operating a motor vehicle on a street or highway at a speed of 60 miles per hour in a 45 mile-per-hour zone on 2 November 1975. At the time respondent entered said verdict and judgment, Fay Victor Parrous was not present in court and was not represented by an attorney. Said case was not on the court calendar on 13 November 1975. At the end of court on said date at approximately 1 p. m., respondent picked up the court file (shuck) in which he had rendered the verdict and judgment above set out and took said file to the cashier's window of the Clerk of Superior Court in the hallway outside the courtroom and paid $25 to a cashier. The cashier issued to respondent, in the name of Fay Victor Parrous, receipt No. 981688 for $25 and it was signed by Ailene Smith.

(b) On 29 October 1975 Dr. Panagiotis Elias Darviris was issued a citation by Traffic Officer J. P. Croome charging Dr. Darviris with willfully and unlawfully passing in a no-passing zone while driving a motor vehicle on a public street or highway. That citation, No. C2052881, directed Dr. Darviris to appear in District Court No. 5 at 9 a. m. on 12 November 1975. The case was continued until 10 December 1975. Sometime after issuing the citation and prior to 10 December 1975, respondent asked Officer Croome in the courthouse hallway near District Court No. 5 if Croome would reconsider the charge made against Dr. Darviris and give the doctor a break, stating that Greek people in Fayetteville wanted to help the doctor and the Greek Orthodox Church would not look too favorably on respondent if respondent did not give Dr. Darviris a break. Officer Croome advised respondent that he was the judge and could do what he wanted to do. Officer Croome never had any further contact with any lawyer, the defendant, the district attorney or any assistant district attorney relative to the charge against Dr. Darviris; and Officer Croome never appeared in court relative to said case. Dr. Darviris never appeared in district court for a disposition of the charge made against him by Officer Croome and did not employ an attorney or anyone else to represent him in said case. On 10 December 1975 respondent asked Assistant District Attorney Willie A. Swann, who was prosecuting the docket in District Court No. 5 over which respondent was presiding, to take a dismissal in the case against Dr. Darviris but Swann did not do so. District Attorney Edward W. Grannis did not authorize the entry of dismissal in the criminal action against Dr. Darviris. Nevertheless, on or about 10 December 1975 respondent entered a plea of not guilty and a judgment of not guilty with the notation "no evidence" on the traffic citation No. C2052881. At that time Dr. Darviris was not present in court, no one was present representing the doctor, and neither the district attorney nor any assistant district attorney had knowledge of said entry of plea and judgment.

(c) On or about 3 December 1975 Henry Mitchell Colvin was charged by Highway Patrolman Mike Robertson with willfully and unlawfully driving a motor vehicle on a public highway at a speed of 65 miles per hour in a 55 mile-per-hour zone and issued Citation No. 2039560 to Colvin with a notation to appear in Cumberland County District Court No. 5 at 9 a. m. on 15 January 1976. On or about 16 December 1975 respondent caused to be entered a check mark in the "Guilty Plea" block on said citation and a check mark in the "Guilty Verdict" block on said citation. At the time of those entries the case was not on the court calendar for trial. Assistant District Attorney Willie A. Swann, who was prosecuting the docket in District Court No. 5 in December 1975, did not consent to or have knowledge of the entries. Said entries were made by Clerk of Court Cashier Sue Faircloth at the direction of respondent and Faircloth wrote out a receipt for the payment of said costs in said case at the direction of the respondent. While an attorney and before becoming a district court judge, respondent had represented Henry Colvin in the district courts of Cumberland County on charges of issuing worthless checks and on charges involving traffic violations.

(d) On 15 August 1975 Lindsey Anthony Antis was charged in Uniform Traffic Citation No. 1762839, issued by Patrolman Kent Pierce, with a willful and unlawful operation of a motor vehicle on a public street or highway while under the influence of intoxicating liquor and with operating said vehicle at a speed of 69 miles per hour in a 55 mile-per-hour zone. The citation ordered Antis to appear in Cumberland County District Court No. 5 at 9 a. m. on 16 September 1975. Shortly after the arrest of Antis a Breathalyzer test was administered to him by Trooper Gerald Morton and the test indicated that Antis had a blood alcohol content of .15 percent. The case came on for trial before respondent on 13 November 1975. The State was represented by Assistant District Attorney Willie Swann and Antis was represented by Attorney Doran Berry. The prosecutor reduced the charge of driving under the influence to a violation of G.S. 20-138(b) to which defendant pled not guilty. He also pled not guilty to the speeding charge. Respondent, in open court, found Antis guilty of violating G.S. 20-138(b) and guilty of speeding 69 miles per hour in a 55 mile-per-hour zone. The charges of driving with a .10 percent blood alcohol content and speeding were combined for judgment and defendant Antis was given a six-month sentence suspended on condition that he pay a fine of $150 and court costs, and his driver's license was suspended for one year. Judgment was entered accordingly. Prosecutor Swann never again appeared in District Court No. 5 in connection with the charges against Antis. Nevertheless, on or about 17 November 1975, the respondent, out of the presence and without the knowledge or consent of the district attorney or any assistant district attorney, vacated the judgment against Antis above described and entered a judgment of guilty of careless and reckless driving.

(e) On several occasions prior to 16 January 1976, respondent, while serving as a district court judge, appeared at the cashier's window in the clerk's office with the official papers in criminal cases and directed employee Frances Fisher to enter prayer for judgment continued in various cases, which she did, and respondent then signed the judgment and paid the costs and received the clerk's receipt in the name of the defendant. While serving as a district court judge respondent has done the same thing in other criminal actions and caused employee Joan Graham to issue receipts in the name of the defendant in such cases after the fines were paid by respondent. Likewise, in several cases in 1975, the respondent, while serving as a district court judge, caused the clerk's employee Sue Fisher Faircloth to issue receipts after respondent paid costs of court on traffic citations at the cashier's window of the clerk's office. Respondent paid costs in such manner in traffic citations on an average of once or twice a week in 1975 to Sue Fisher Faircloth after she, at respondent's direction, had entered a plea of guilty and verdict of guilty, followed by the words "Prayers for Judgment Continued upon Payment of Cost."

2. Respondent filed a verified answer admitting the allegations of the complaint concerning Fay Victor Parrous (Case No. 75-CR-36358), admitting only the harmless allegations concerning Dr. Darviris (Citation No. C2052881), admitting all allegations concerning Henry Mitchell Colvin (Citation No. 2039560), except the allegation that respondent had represented him on worthless check and traffic charges prior to becoming a judge, admitting in the Lindsey Anthony Antis case (Citation No. 1762839) that he found said defendant guilty in open ...