What to Do After You Say "I Do": Judges disciplined after complaints filed amid Bledsoe couple's divorce

Contributed image / Pikeville, Tenn., attorney Ben Farmer

PIKEVILLE, Tenn. — Disciplinary motion has been taken against two area judges stemming from complaints filed with the Tennessee Board of Judicial habits that contained allegations of an extramarital affair, decide looking, judicial impropriety and ethical lapses.

The judges named within the two complaints and a letter from the board are Bledsoe County prevalent periods choose Howard Upchurch and twelfth Judicial District Circuit judge J. Curtis Smith, both of whom have held their posts for a long time.

The criticism is related to ongoing divorce court cases between Pikeville husband and wife, Ben and Stacy Farmer, attorneys who recently ran against every different for Bledsoe County school board. Ben Farmer won.

The board took disciplinary motion against each judges involving the complaints, in accordance with a letter board chair Dee David homosexual sent to Ben Farmer on Aug. 13. There become no indication what action become taken or which allegations from the complaints it turned into based on.

Ben Farmer, who filed the complaints on June 5 and acquired the response from the board, supplied the response letter to the instances Free Press.

"The allegations in every grievance have been carefully reviewed through disciplinary tips and have been submitted to an investigative panel of this board as required by [state law]," gay states in the letter. "Your complaints dropped at our attention a count that necessary to be addressed, and each judges have been disciplined because of this."

The board will take no further motion for now and the case has been closed, the letter states.

Ben Farmer supplied an announcement to the instances Free Press concerning his factors for filing the complaints.

"I filed the judicial complaints to give protection to my children and reclaim my family unit whereas maintaining others from equivalent and repetitive movements taken by means of those we have confidence for public office that abuse the authority given to them," Ben Farmer observed.

He declined to remark extra.

choose Smith and Stacy Farmer did not respond to requests for feedback.

decide Upchurch stated that as a result of matters that come before the Board of Judicial habits are confidential below state legislations he may neither ascertain nor deny the existence of the complaint however as a substitute described his role within the criminal occupation in the neighborhood.

"i'm a part-time choose and a full-time lawyer," Upchurch stated in an email to the times Free Press. "My knowledgeable id is that of a attorney as opposed to a choose. one in every of my highest privileges as an attorney has been to practice before the judges of the twelfth Judicial District. We at the moment have a very good trial degree bench and first-rate, dedicated, caring and in a position jurists serving the citizens of our district.

"choose Curtis Smith has committed his whole adult lifestyles to the utility of the guideline of legislations and to the reasonable and impartial administration of justice. it's going to certainly be a loss to our citizens when decide Smith retires and surrenders his gown to a successor," Upchurch noted.

"Being a decide can be as lonely as a pine tree in a parking zone. I feel now and again individuals overlook that and that judges — and not using a board or committee to show to — have to make vital choices by myself. I respect folks that day in and time out accept these duties," Upchurch referred to.

go back and forth to Fall Creek Falls

On Aug. 1, 2019, Ben Farmer filed for divorce from his spouse, Stacy Farmer, within the 12th Judicial District courtroom device, which includes Bledsoe County, based on the complaints.

"just before Aug. 1, 2019, and at the moment, Mrs. Farmer is in a marital affair along with her company, choose Howard L. Upchurch," the complaint alleges.

Ben Farmer also alleges within the complaints that Stacy Farmer had divorce papers in her possession last yr that confirmed her criminal suggestions as Upchurch however those papers appear in no way to had been filed in court docket.

"Mr. Farmer and Mrs. Farmer discussed the files in June/July 2019 and the continuing affair with her agency," Ben Farmer states in the criticism. "however, the marital affair with decide Upchurch persisted and Mr. Farmer filed for divorce on Aug. 1, 2019."

the next day, Ben Farmer had plans to take the couple's three young children tenting at Fall Creek Falls State Park and left for the park "having no skills that there was any motive to discontinue or change these plans," the criticism continues.

As Ben Farmer made the 20-minute drive from Pikeville to Fall Creek Falls, he become contacted via Stacy Farmer, who "informed Mr. Farmer that she turned into going to discover a judge and challenge a restraining order to stop the trip from occurring," the criticism states. "Mr. Farmer recommended Mrs. Farmer that he turned into going to proceed as deliberate except he turned into recommended by way of his own prison counsel that the shuttle should still be terminated."

in line with files contained within the complaints, the transient restraining order became being sought as a result of Stacy Farmer was concerned for "my defense and the security of my children from the inherent hostility."

choose Upchurch

The complaint towards Upchurch alleges he abused his judicial authority and professional care and abused due process for Ben Farmer through "aiding the malicious filing of the Aug. 2, 2019, restraining order towards Mr. Farmer in order to eliminate Mr. Farmer from his domestic and forestall him from every day interactions along with his children."

based on the allegations in the grievance, Upchurch violated seven guidelines beneath the Code of Judicial habits by using allegedly contacting three 12th Judicial District Circuit judges — Smith, Justin C. Angel and Thomas W. Graham — in pursuit of the restraining order against Ben Farmer.

documents allege Angel and Graham recused themselves from the count number whereas Smith did not except after issuing the temporary restraining order.

group of workers file photograph by using Angela Lewis / Bledsoe County widespread classes decide Howard Upchurch

The criticism alleges Upchurch's pursuit of the restraining order on Stacy Farmer's behalf through Smith abused the authority given Upchurch's position as judge and violated judicial guidelines to evade impropriety or the appearance of impropriety.

"choose Upchurch is not the legal professional of listing for Mrs. Farmer in her divorce court cases and the formulation of 'decide searching' is not permissible," Ben Farmer's criticism states.

The criticism also alleges Upchurch's moves within the divorce complaints and pursuit of the restraining order violated guidelines requiring judges to advertise confidence within the judicial system and to prevent abuse of the status of their office and any try to gain an potential or deferential medication through that place; violated the impartiality and fairness rule by way of discussing the divorce case with Stacy Farmer; and violated a judicial canon requiring judges' "own and extrajudicial actions to reduce the possibility of conflict with the duties of judicial office," the criticism states.

judge Smith

The complaint in opposition t Smith stems from the equal actions alleged in the complaint against Upchurch.

The documents allege that Smith abused his authority in accepting inappropriate communications from Upchurch regarding the restraining order; acting on the request from Upchurch, who had represented considered one of Smith's family members in a recent divorce; maintaining the restraining order listening to after Angel and Graham recused themselves; knowingly continuing with the restraining order in spite of the fact that Smith knew the guidelines have been no longer being adopted; violated the right to due method by using not enabling Ben Farmer to have a felony consultant on the restraining order; and by using Smith's ultimate linked to the case except he recused himself in September 2019, the complaint states.

The Smith complaint alleges the decide's own familiarity with the parties concerned and his understanding of the rules of conduct should still have precipitated him to document the inappropriate contact with the aid of Upchurch to the Board of professional responsibility and recuse himself from issuing a restraining order. Ben Farmer also alleges Smith violated rules by way of no longer self-reporting his personal actions.

team of workers file photograph via Dan Henry / Twelfth Judicial District Circuit court docket choose Curtis Smith

Ben Farmer alleges "Smith participated in coercion in his decision making. Smith led to emotional and irreparable damage to the infants and Mr. Farmer through the adversarial and dramatic taking of Mr. Farmer's children and residential from him with a restraining order and temporary parenting plan that's in location until a court docket date (now not set) within the 14th Judicial District earlier than decide Craig Johnson," the complaint states, referring to the jurisdiction through which the couple's case now lies unsettled.

The evaluation system

Complaints filed with the Tennessee Board of Judicial behavior are exclusive and privileged throughout the preliminary investigation stage, according to the board counsel on the way to file a judicial complaint.

Complaints are reviewed by using a disciplinary counsel, which then sends them to a 3-member investigative panel to assess whether to examine additional. The grievance can be brushed aside if there have been no grounds shown for judicial misconduct.

If the tips indicates misconduct, if true, the disciplinary information will habits a preliminary investigation, which could lead on to authorization of a full investigation.

A full investigation requires the decide to respond in writing and as soon as that investigation is complete, the panel may also push aside the case; recommend a disciplinary motion, similar to a private or public reprimand; a deferred discipline contract with the decide; refer the case to one more agency such because the Tennessee Bureau of Investigation; or file formal, public fees against the choose.

Formal expenses could lead to a public trial in entrance of a five-member listening to panel made up of individuals of the Board of Judicial habits, in response to the state board complaint suggestions. The Farmer complaint did not outcome in such formal costs.

Contact Ben Benton at bbenton@timesfreepress.com or 423-757-6569. comply with him on Twitter @BenBenton or at www.fb.com/benbenton1.