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JUDPERF reprimands Judge Larry...

JUDPERF reprimands Judge Larry Buffington over Diaz/subpoena flap in Simpson County

By: Magnolia Tribune - May 28, 2010

Judge rapped by Judicial Watchdog
Reached Thursday evening via phone, Buffington said of the commission’s recommendation: “It’s fair. It’s time to conclude this and move on.”

Simpson County resident Tom Bruckner filed a complaint with the commission in 2009. “His (Buffington’s) actions warranted a complaint when he used his power as a judge to make an unnecessary appointment, just so one of his friends could earn state retirement,” Bruckner said.

In January 2009, Buffington ordered the Simpson County Board of Supervisors to hire Oliver Diaz Jr. as a Youth Court public defender at $400 a month, plus state retirement.

He later called a meeting, at which time he explained why he hired Diaz.

The judge subpoenaed the two Republican members of the Board of Supervisors and ordered the three Democratic supervisors to be present. But before the meeting, he quashed the subpoenas.

Buffington said at the Feb. 11 meeting that Diaz was a friend of his but that there was no quid pro quo.

Simpson County didn’t have enough money budgeted for a public defender position in Youth Court.

Buffington previously said Diaz told him he needed one more year of employment to qualify for the state retirement system.

Lowery said he thinks the public reprimand will be sufficient.

“I couldn’t understand what he was mad about,” Lowery said of Buffington. “The board speaks through its minutes, and they are open to the public. Anyone can see them.”

Lowery said he thinks Buffington “sort of stepped out of bounds. I hope it won’t happen again.”

Clarion Ledger
5/28/10

Judicial Performance Commission Recommendation to Sanction J. Larry Buffington

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Magnolia Tribune

This article was produced by Magnolia Tribune staff.