Skip to content
A Member of the Law Professor Blogs Network

Undignified Behavior Caught On Tape

The North Carolina Supreme Court publicly reprimanded a general court of justice judge for inappropriate behavior in a divorce case by

exhibiting a failure to remain patient, dignified, and courteous to the parties appearing before him; making inappropriate comments to the parties before him; misstating the law when threatening future contempt proceedings; improperly exercising his contempt powers thereby denying multiple parties their fundamental rights of due process; and failing to maintain order and decorum in the proceedings before him.

Some details

Respondent presided over a contentious multi-day custody hearing in Morrison v. Morrison, which concluded on 7 August 2014[.] Durham County routinely records each of its domestic court sessions with audio and visual equipment. The recording in Durham County File No. 14-CVD-47 shows, after hearing all the evidence and before announcing a decision, Respondent[ ]was not patient, dignified, nor courteous with the parties before him. In a raised voice and sharp tone, Respondent proceeded to lecture both Mr. and Mrs. Morrison. During this soliloquy, Respondent made several inappropriate comments including repeatedly and loudly chastising the parties that they were acting like idiots. Respondent admitted during his 22 December 2014 interview with Commission staff, that he “said all of those things.”

At a later proceeding he threatened contempt 

“And I better not hear either of you saying anything negative about the other party or y’all gonna get a little trip to the Durham County Bed and Breakfast for contempt of court. And there is no appeal, you stay until I say you get out.”

That was a reference to the jail.

The effects from Respondent’s misconduct in this matter have been exacerbated by the video footage capturing the events of this hearing. Because Respondent’s comments and Ms. Morrison’s outburst were captured on video, this incident was highly publicized with media coverage both locally and nationwide. In addition to the facts as set forth in this Stipulation, Respondent agrees the Durham County court video recording of this matter will also be included in the evidentiary record for these Judicial Standards inquiries.

For the above reason, video of judicial behavior may have the value of body cams for police. (Mike Frisch)