Franklin Town Court justice Gary P. Arndt was censured by the state’s judicial conduct commission for engaging in prohibited communication with litigants and failing to follow legal procedures Sept. 28 in an unanimous decision by an 11-member panel.
In 2018 and continuing into 2019, Arndt solicited information from four defendants without a prosecutor being present, in two civil matters he spoke with litigants after the opposing party left the courtroom and in one case, told a litigant how he planned to decide a case; and in various other cases, he dismissed cases without notifying a party that a decision could be appealed, failed to advise a defendant of a right to be represented by an attorney, reduced a traffic charge without the consent of a prosecutor and failed to administer required oaths or affirmations from testifying witnesses.
In censuring Arndt, the commission determined that Arndt “should be fully familiar with his ethical obligations including the requirements to avoid ex parte communications and to abide by the law.”
Arndt was served with a written complaint Feb. 1 and filed his answer March 20. He agreed to the censure and to take training courses.
Arndt admitted that he described a defendant as “a real dirtbag” who was “getting real snotty,” and that his opinion of the litigant influenced his decision in a case. In another civil matter, he told both parties that he could not make a decision because he “was too confused” and told the plaintiff to retain an attorney, which is not required by law; told the respondent he was going to dismiss the case in a private conversation with the respondent outside the presence of the plaintiff, and issued a written decision without notifying either litigant.
In another civil matter, Arndt admitted he failed to administer an oath to a witness before giving testimony and ordered a respondent to pay a plaintiff in order to retrieve personal property and advised the plaintiff to file a lien against the respondent, outside the presence of the respondent. In another civil matter, Arndt failed to administer a witness oath and permitted the litigants to argue in the courtroom, among other admissions in other cases.
Arndt acknowledged his conduct was improper and completed several continuing judicial education courses which were part of the negotiated resolution of the misconduct charges against him.
Arndt will continue to hold the position. His term expires Dec. 2025. “Judges are required by the Rules Governing Judicial Conduct to maintain professional competence in the law. Where, as here, the violations are numerous and fundamental, public discipline is appropriate. In agreeing to take judicial education courses, Judge Arndt both accepted responsibility and showed his resolve to get it right from now on,” the commission decision states.
The decision can be read in its entirety here.
