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An appeals court has ordered a hearing in Blount County to determine whether there was judicial misconduct on the part of former Circuit Court Judge Mike Meares in connection with a homicide case.

According to an order from the Court of Criminal Appeals in Knoxville, April Jennifer Warren asked the appellate court to remand her voluntary manslaughter case back to Blount County Circuit Court for an "evidentiary hearing."

Warren, 37, pleaded guilty to killing Charles Lee "Charlie" Russell with a single shotgun blast to the head on June 13, 2005, after an argument in the Tom McCall Road residence they shared. On May 29, she was sentenced to 10 years in prison as a Range II, multiple offender.

Warren filed a notice of appeal on her case on May 30 and asked Meares to allow her to remain on her per-trial bond of $125,000 or to set a new bond pending appeal.

On June 23, Meares denied her request for the bond, stating that he intended to revoke her bond at sentencing. He said that it was a serious offense, that Warren did not accept responsibility at the sentencing hearing and continued criminal behavior after bonding out of jail.

The appeals court order, filed Sept. 12 in Blount County Circuit Court, states that Warren's attorney asserted that on July 28, an assistant district attorney told her that Meares "had made contact with the victim's family after the sentencing hearing."

"Defense counsel asserts that the particular information she received was that the trial court judge asked the family 'if they were pleased with the results' of the (defendant's) sentencing hearing and asked the family to write a letter in support of the trial judge for his upcoming election, which they did," the order states.

Letter to editor

In a letter to the editor of The Daily Times, published July 28, a sibling of Russell's wrote that, "Judge Meares gave my brother's killer the maximum he could give her to serve in jail and the entire Russell family is voting to keep him as our circuit court judge."

Warren's counsel argued that Meares' rulings regarding her sentencing and bond request "were tainted." They asked that the case be remanded to Blount County Circuit Court for an evidentiary hearing "as to whether there was judicial misconduct on the part of (Meares) that disqualified him from the defendant's case."

Warren told the appellate court that she believed she will be granted a new sentencing hearing as a result of the allegations and asked the court to set bond pending appeal in the amount of $20,000.

According to the order, the appeals court found that it was appropriate to remand the case for the evidentiary hearing and "the development of proof regarding the alleged conduct of the trial court judge." The court ordered the presiding circuit court judge to appoint "a new judge to preside specially over this matter."

"Following an evidentiary hearing, the special judge shall make findings of fact as to (Meares') alleged contact with the victim's family and whether (Meares) is disqualified from continuing to preside over the defendant's case as a result of the alleged misconduct," the order states.

The special judge is required to filed an order stating whether Meares should be disqualified. If Meares is disqualified, the special judge is ordered to "reconvene on the matter of (Warren's) request for bond pending appeal."

The order was not completely clear in regards to what Meares would be "disqualified" from, if the special judge decided to disqualify him.

Meares was previously appointed by Gov. Phil Bredesen to be circuit court judge, but lost to Judge David R. Duggan in the Aug. 7 election.

The appeal was "stayed" for 45 days, until and including Oct. 29, pending the hearing by the special judge, the order states.

The Daily Times was unable to reach Meares for comment on the order.