Hagar

North Central District Court Judge Richard Hagar has been suspended without pay for three months and has been assessed $10,118.67 for the costs and expenses of disciplinary proceedings. The state Supreme Court ordered Thursday that the suspension begin on May 1 and that a temporary judge be appointed in the interim.

Presiding judge Gary Lee was not immediately available for comment on Friday afternoon.

According to its decision, the Judicial Conduct Commission found that Hagar “violated provisions of the Code of Judicial Conduct by failing to diligently and promptly decide judicial matters assigned to him and by failing to work with the presiding judge.” Hagar appealed to the Supreme Court, which issued a decision Thursday affirming the commission’s ruling.

According to the Supreme Court decision, Hagar began serving as a district court judge in 2007. Hagar was censured in 2012 for not promptly deciding 12 cases. Hagar was suspended in 2014 for one month without pay for failing to issue a decision in a divorce case for nearly 10 months after the trial. In June 2015, the Judicial Conduct Commission brought formal charges against Hagar. He was alleged to have failed to issue opinions in a timely manner in four cases and failed to issue opinions in a timely manner on motions to suppress in two cases. He also failed to take action on an application for an ex parte order in one case.

After its hearing the Judicial Conduct Commission recommended that Hagar be suspended for 90 days, that he be required to take a decision making class offered by the National Judicial College, that he bring all of his cases up to date within 90 days after his suspension is up, and that he learn how to use the Odyssey system to stay current.

“This is the third time Judge Hagar has been before this Court for similar allegations of failing to issue decisions in a timely manner,” wrote the Supreme Court in its decision. “He was previously censured and later suspended for one month for violating the same or similar rules. The prior suspension began on April 1, 2014, and the misconduct at issue in this case occurred throughout 2014 after his suspension ended. The misconduct resulting in his prior suspension occurred in close proximity to his censure, and the misconduct in this case occurred in close proximity to his prior suspension. Judge Hagar’s misconduct has occurred frequently and on a consistent basis, and it evidences a pattern of conduct. Judge Hagar stated he developed a plan to keep his docket current, but he admitted he failed to implement that plan. He has not shown an attempt to change or modify his conduct. Judge Hagar admitted he violated the rules but he did not provide any explanation for his failure to diligently act in these cases … Judge Hagar presented information about the heavy workload of the district court judges within the judicial district, his involvement in drug court, and his clearance rate. The heavy caseload is a mitigating factor that favors Judge Hagar. However, these mitigating factors do not outweigh the aggravating factors under the circumstances of this case.

“This Court’s disciplinary orders are not intended to be ’empty noise.’ … The prior censure and one month suspension did not deter Judge Hagar from repeating the same misconduct. We adopt the Commission’s recommendation that Judge Hagar be suspended for three months without pay and that a temporary judge be permitted to be appointed in accordance (with state law.) We order Judge Hagar to pay the costs and expenses of the disciplinary proceedings. We adopt the Commission’s recommendations, except the recommendation that Judge Hagar be required to attend the course on “Decision Making” offered by the National Judicial College.”