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With All Due Respect, Your Honor: You Are A “Certified Moron, Ethical Gnome, Knucklehead, Schmuck, Dimwit And Big Time Dumb Ass”

An Arkansas attorney has been cautioned by the Committee on Professional Conduct for assertions in a motion to recuse the judge while representing a defendant in an unlawful detainer action.

The initial problem came when the newly-assigned judge sought to contact her

After appointment, Judge Shirron contacted Mr. Streetman by telephone on October 1, 2012, and requested a copies of all of the plaintiff’s pleadings that had been filed in the matter. Judge Shirron attempted to contact Ms. Zimmerman by telephone, but got a message that she was “not accepting calls at the time”. Therefore on October 1, 2012, Judge Shirron sent Ms. Zimmerman a letter advising her that he had attempted to contact her by phone, and requesting that she send him copies of all pleadings filed by defendant and a telephone number where she could be reached or message left during normal business hours. Judge Shirron advised her that he would not waste his time in the future making multiple attempts to contact her at a time when she may be accepting calls.

The response was a recusal motion

In her motion, Ms. Zimmerman, alleged that Judge Shirron’s October 1, 2012, letter to her was “unprofessional, demeaning, sarcastic, and totally unprovoked”. She also alleged that Jude Shirron had “engaged in outrageous, unprofessional conduct in the past.

Ms. Zimmerman attaches and incorporates an article from The Committee to Expose Dishonest and Incompetent Judges, Attorneys and Public Officials as proof of Judge Shirron’s “outrageous and unprofessional” past conduct. In the article, Judge Shirron is referred to as a “certified moron”, “ethical gnome”, “knucklehead”, “schmuck”, “dimwit”, and “big time dumb ass”.

After recusal was denied, the war continued

In the petition, Ms. Zimmerman, continued to make accusations about Judge Shirron’s motives and professionalism in presiding over the case. Some of the accusations made by Ms. Zimmerman, included a statement that Judge Shirron was “girded for war”, that Judge Shirron became unreasonably angry in the October 1 letter he sent her when he was unable to reach her by telephone, and that Judge Shirron was “angry, hostile and abusive.”

The conduct violated several ethics rules including Rule 8.2.  (Mike Frisch)