Christian Circuit Judge John Atkins has received a public reprimand from the Judicial Conduct Commission for two incidents where he violated rules of the Code of Judicial Conduct by speaking to individuals about cases outside of court proceedings.
The order says Judge Atkins fully cooperated in the matter, waived formal proceedings, and agreed to sign off on the disposition.
The first case was the Commonwealth vs. Tarvous Haskins, who had been charged with felony assault of a Hopkinsville police officer who was investigating a domestic assault incident in August of 2021 on Broad Street.
The order says Judge Atkins spoke to the officer in the case outside of court about the disposition of the case and regarding whether he believed there was evidence to support the charge.
During a sentencing hearing, Judge Atkins disclosed to the parties he had spoken to the officer. He reportedly took the position that he, as the ultimate fact-finder, had the prerogative to talk to or inquire of whomever he wanted and to investigate matters independently as part of rendering a decision about disposition of the case.
The second incident involved Nina Morgan, who was found guilty at trial last year of one count of third-degree criminal abuse of a child for conduct at the First United Methodist Church Daycare.
The order says while the jury deliberated, Judge Atkins ‘entered the gallery and spoke with the victims’ families and other members of the church. Specifically, Judge Atkins made comments to victims’ parents and members of the church, that security cameras should be required in daycare centers and that he should take it to the city commission.’
As a result of that incident, attorneys for former daycare director Abby Leach and former pastor Paige Williams filed a motion for Judge Atkins’ disqualification from hearing their cases. He would recuse himself from those two cases and Chief Justice John Minton ordered his disqualification in any further hearings in the Morgan case.
Ultimately, the commission says Judge Atkins violated three specific rules. One requires judges to act at all times in a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary.
The second requires a judge to not initiate, permit or consider communications with parties outside of the presence of their lawyers.
Another requires a judge to not investigate facts in a matter independently, as he should only consider evidence presented in official court proceedings.