Legal Ethics

Arkansas judge is accused of offering 'substitutionary sentences' followed by sexual proposals

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An ethics complaint accuses an Arkansas judge of inviting male offenders to report for “substitutionary sentences” at his home, where he then solicited sexual relations in exchange for reduced court fines.

The allegations against 69-year-old Judge Joseph Boeckmann Jr. of Cross County were announced at a press conference on Tuesday. Stories appeared at Arkansas Online (here and here), the Huffington Post and the Associated Press. The press release and complaint are here (PDF).

The Arkansas Judicial Discipline and Disability Commission alleges that Boeckmann, a part-time judge:

• Offered “substitutionary sentences” to male, but not female, litigants. Usually the defendants were required to pick up cans alongside city roads or at Boeckmann’s home, and the judge “would photograph the buttocks of the men as they were bending to retrieve the garbage,” the complaint says. He then allegedly kept the photos for his personal use.

• Sought out white male defendants who were mostly between the ages of 18 and 35 for sexual relations. He asked the defendants to report to his home or office for their substitutionary sentences, where he offered reduced or dismissed fines and costs in exchange for sexual relations.

• Photographed one defendant naked and spanked another defendant.

• Gave money to multiple lawyers who appeared before him, gave money to public officials whose agencies investigated defendants who appeared before Boeckmann, and wrote checks to the district court on behalf of litigants with whom he had personal or work relationships.

• Presided in cases involving a former intimate partner, the former intimate partner’s sister, and the former intimate partner’s brother. The intimate partner’s sister had a child fathered by Boeckmann’s nephew, and she worked for Boeckmann’s sister at an elder care company.

• Has an impatient and undignified demeanor with certain litigants, particularly minorities and women.

• May have had pornographic images of males under age 18 on his personal computers. Witnesses said they saw the images, but additional investigation would be needed to confirm the allegations, the ethics complaint said.

The allegations have been referred to state prosecutors. David Sachar, executive director of the Judicial Discipline and Disciplinary Commission, said he may seek an extraordinary order suspending Boeckmann while the case is pending.

Boeckmann’s lawyer, Jeff Rosenzweig, gave this statement to several publications: “We are going to file a response denying the allegations, and we’ll be fighting the charges in front of the commission,” he said.

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