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Summary judgement motion is filed in the Judge John Bell case
Following recent depositions by several persons, Cocke County General Sessions Judge John Bell has filed a motion to dismiss charges, filed against him by the Tennessee Court of the Judiciary, last year. The depositions came from David Pleau of Bybee, Attorney Tom Testerman, James LaRue, investigator for the Court of the Judiciary, TBI Agent Jon Scott Lott and Judge Bell. The three count complaint, filed on October 13, alleges that the judge did not render a timely decision in the civil case of Pleau vs. Merastar Insurance Company, which was heard in September, 2007. According to the three judge panel which heard the complaint, neither Mr. Pleau nor the defendant received a copy of the court's judgment which was to be issued within a week of the hearing in September, 2007. Eventually a judgment was rendered in June, 2008, finding for the defendant because the suit was not filed against Jo Anne Coleman, the driver of the other vehicle as required by law. After Mr. Pleau filed a complaint with the Court of the Judiciary, regarding the untimely action in the case, Judge Bell filed a response, denying that he had failed to comply with the Canons of Judicial Ethics. Following the filing of the complaint by Pleau, Judge Bell summoned both parties back to court and Pleau re-filed the lawsuit, naming Coleman as the defendant. The court again heard the case in April of last year and rendered a finding for Pleau and against the insurance company. The judiciary panel alleges the Judge Bell should have disqualified himself from hearing the case a second time. According to the panel, early last year, Judge Bell enlisted Newport Attorney Tom Testerman to approach Mr. Pleau on behalf of the judge in an effort to "induce Mr. Pleau to cease the pursuit of his complaint" in the court of the Judiciary. Testerman, during a telephone conversation asked Pleau to come in and sign a document to dismiss his complaint against Judge Bell. The attorney met with Pleau in March, 2009 to discuss the dismissal of the complaint, and according to the deposition, Pleau wore a recording device which had been provided by agents of the Tennessee Bureau of Investigation. In July, Attorney Testerman met with representatives of the Court of the Judiciary Disciplinary office at which time he said he had had a conversation with Judge Bell in the courthouse hallway, at which time Testerman learned of the complaint. He thereafter called Pleau to determine if he was still interested in pursuing the complaint. The findings of the panel say "the above-described conduct, actions and /or inactions of Judge John A. Bell....constitute multiple violations of law, Tennessee statutes and of the Code of Judicial Conduct "and as such subject him to the sanctions provided by state law." Defense Attorney Gordon Ball, in a Wednesday filing, asks for summary judgment in the case. He argues the Code of Judicial Conduct does not apply to the appropriate exercise of judicial discretion and he says, the primary purpose of the Code “is to protect the public, not to discipline judges.” Ball argues that an isolated delay in the judgment of a case, does not equate to a violation of the Canon. He says the delay was due to (1) Judge Bell's heavy docket; (2) his dual roles as General Sessions and Juvenile Court Judge, (3) his hectic work schedule, (4) an intervening serious accidental injury that temporarily disabled him, and (4) the complexity of the issues. The attorney argues that the judge followed the law by dismissing the original complaint filed by Pleau, and he says Judge Bell didn’t know that copies of the original judgment were not timely mailed to the plaintiff. Ball also argues that Judge Bell did not abuse his judicial discretion by hearing the second complaint filed by Pleau. Finally, the defense attorney argues that the charges by the Judiciary were contradicted by Pleau’s own statements during the deposition and by Agent Lott’s testimony “that the TBI uncovered not a trace of evidence of wrongdoing.”
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Return to Today's News Stories - Front PageWednesday, September 08, 2010
Healthy Lifestyles Initiative is implemented
Pot search
Stepp named executive director of the chamber
Former Newport officer sentenced on public indecency charges
Vanpelt crash
Sunday, September 05, 2010
Painkiller arrests
Senter given consecutive life sentences
Iliff McMahan reflects on his term as Cocke County Mayor
Thursday, September 02, 2010
Judiciary declines to modify Judge John Bell ruling
Samples injured in midnight crash
Smith is indicted on public indecency charges
Wednesday, September 01, 2010
Indoor marijuana growing operation found
Grand jury indicts local residents
Mistrial declared in Henegar case
Cocke County has new officials
Cocke County woman dies in single vehicle crash
Fall rom ceiling leads to arrest
Rusty Denton is sentenced
Friday, August 27, 2010
Arrest in Jefferson County Animal Shelter solicitation case
Cocke County child abuse trial continues
Newport and Cocke County get SWAT unit
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