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Senior Judge Jon Kerry Blackwood said Monday that former Judge Mike Meares violated Canon 2 of the Code of Conduct for United States Judges through contact he had with the victim's family following April Warren's voluntary manslaughter sentencing.

The special hearing was held to determine whether there was judicial misconduct on the part of the former circuit court judge in connection with Warren’s case. The Court of Criminal Appeals in Knoxville ordered the “evidentiary hearing” and remanded the case back to Blount County Circuit Court after an appeal was filed on behalf of 37-year-old April Jennifer Warren.

Warren 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.

Blackwood began Monday’s hearing by telling family members that they were not being accused of doing anything improper. He said the purpose of the hearing was “to ensure that our system worked” and that former proceedings in the case were conducted with fairness and impartiality.

The question of possible judicial conduct occurred after a letter to the editor was published in The Daily Times on July 28 from Lori Blair, a relative of Russell. Blair 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.”

Harrington testifies

Blount County Assistant District Attorney General Tammy Harrington was called to the stand by Blackwood to testify. She testified on the history of the case and the events that led up to Warren’s sentencing.

Harrington said she became concerned after Warren’s sentencing when she saw two letters published the same day in The Daily Times from victims’ family members in support of Meares and his rulings on the cases.

She said she had never seen that type of letter before, because it’s usually assumed that the judge is going to do the right thing. She said she was particularly concerned about the tone of the letter from Blair.

“I became concerned that they were possibly upset or there were things that weren’t called to my attention, based on the letter,” Harrington said.
While on the phone with Blair, she said Blair told her that she had spoken to Judge Meares following Warren’s sentencing.

“She did tell me that Judge Meares had asked her if he had done what they wanted him to do at the sentencing hearing,” Harrington said.

Harrington said Blair told her that Meares asked her if she was registered to vote and asked for her support in the Aug. 7 election. She said that Blair also told her that she and Meares talked about her writing the letter to the editor.

Harrington said that after she talked to Blair and the victim’s family who wrote the other letter, she began contacting various disciplinary councils.
Blair testifies

Blair was then called to the stand and testified about contact she had with Meares. She said Meares called her while he was in her neighborhood campaigning and asked if he could stop by. She said he brought campaign material to her house, “and asked for our vote.”

She said she thanked him for bringing closure to her family. Blackwood asked Blair if Meares asked her if she was satisfied with the outcome of the case.

“I initiated that,” Blair said. “I told him I wanted to thank him for me and my family.”

She said she did not recall him asking her, but said he may have replied, “You were satisfied?” after she thanked him. She said she told him that she intended to go public with their satisfaction.

“He asked me how I intended to do that and I told him through a letter to the editor,” Blair said.

Harrington said Blair had been upset with Meares prior to the sentencing hearing when Meares denied a continuance in the case. Blackwood asked Blair about it and she said she was just upset and confused at the time.

Blackwood asked Blair if she remembered telling Harrington a different version of the conversation.

“I don’t know,” Blair said. “I don’t remember that.”

Blair then asked Harrington and Warren’s attorney, Stacy Nordquist, if Meares had told either of them about the contact with Blair and they both said he did not.
Blackwood said that when judges take an oath they must accept the fact that their behavior is “subject to constant public scrutiny,” but they still have the right to live normal everyday lives. He said judges have a certain responsibility to uphold the integrity of the court.

“I’m not going to suggest that there was any behavior in this case that was inappropriate for an ordinary citizen,” Blackwood said. “I’m not really sure that there was any behavior that was inappropriate from a judicial standpoint.”

Code of ethics

Blackwood said one aspect of a judge’s oath requires that every decision be based on the law and not have any political or personal motivations. He said Cannon 2 of the Code of Conduct for United States Judges says to “avoid all appearances of impropriety.” He said that to him, that meant to never do anything that “might cast suspicion” on a court’s judgment.

“Therefore, as innocuous as this meeting may seem or may have been, it casts suspicion or doubt on the final judgments or order of this court,” Blackwood said.

He said that the case was on appeal and “there was a responsibility that ex parte communication be exposed” — meaning that any contact with either party should be announced to both parties.

“As a result of the failure to make that disclosure (and) as a result of this meeting, this court finds that (Cannon 2) was violated,” Blackwood said.

A new appeal bond hearing for Warren is set for Monday. Blackwood’s judgment will be sent to the Court of Criminal Appeals, who will review it and decide further action.