On Friday, February 28, 2025, the Missouri Supreme Court suspended Associate Circuit Judge Joe Don McGaugh of Carroll County for a year without pay due to serious misconduct in handling numerous cases. The suspension stems from an investigation by the Commission on the Retirement, Removal and Discipline of Judges, which revealed that McGaugh had left several cases unresolved for extended periods, significantly impacting families awaiting decisions on divorces, child custody, and financial support.

The case is entitled “In the Matter of Judge Joe Don McGaugh,” with case number SC100875.

The court increased the disciplinary action from the six-month suspension recommended by the commission to a full year. In the court’s opinion, Judge Ginger Gooch highlighted that McGaugh’s failures extended well beyond mere delays, noting that he had been dishonest with attorneys, parties involved in cases, and the commission itself on multiple occasions. McGaugh was found to have neglected to respond to court staff and, on some occasions, shifted blame onto them for his own failures in fulfilling his judicial responsibilities.

The Supreme Court’s decision to suspend McGaugh comes after a detailed account of the hardships faced by families during prolonged waits for judicial rulings. In one notable case, McGaugh closed evidence on a divorce matter in September 2021 but did not issue a decision until February 2024. During this period, lawyers representing both parties reached out multiple times to inquire about the status of the ruling. In February 2022, he informed the attorney for the wife that the ruling had been submitted to a court clerk but could not be located.

In another instance, an attorney alerted McGaugh in 2022 that a client was in default on her mortgage and at risk of foreclosure. Although the commission inquired about this case in 2022, it was not included among those pending for an extended period. The commission followed up again in August 2023, prompting McGaugh to respond that he had submitted a judgment in person but was unable to follow through promptly due to being at the State Fair.

The court’s ruling identified several violations of judicial conduct rules, particularly emphasizing that the responsibilities of judicial office must take precedence over a judge’s personal matters. In a separate case, McGaugh closed evidence on a child custody and support modification matter in April 2018 but failed to deliver a decision until April 2024. The ruling also mentioned seven additional cases involving divorces, child custody disputes, and orders of protection, all of which had suffered extensive delays.

In her opinion, Judge Gooch described the situation as a “egregious case” where McGaugh failed to perform his judicial duties in a timely manner, compounded by a pattern of dishonesty toward lawyers, litigants, court staff, and the commission. As of the issuance of the opinion, multiple cases remained unresolved due to McGaugh’s delays, which persisted throughout the disciplinary proceedings.

McGaugh accepted the charges against him in a stipulation related to the disciplinary case but requested an opportunity to argue that an unspecified mental disability affected his ability to perform his duties. The commission acknowledged that McGaugh has a mental condition but suggested that it could improve with time and treatment.

The court noted that while a claim of mental disorder, including substance abuse, does not excuse misconduct, it may mitigate the punishment imposed. To assess McGaugh’s readiness to return to the bench in 2026, the court mandated that he continue his treatment and undergo an independent evaluation in ten months.

Judge Gooch addressed dissenting opinions, asserting that the court has the discretion to impose appropriate disciplinary measures based on its findings.

Fischer, in his dissent, stated that the court’s past decisions were misguided and that it should only have the option to either accept or reject the commission’s recommendations. He emphasized that McGaugh’s repeated failures to fulfill his core judicial responsibilities indicated he was unfit for office, expressing that if the constitution allowed, he would support McGaugh’s removal from the bench.

McGaugh, a Republican appointed to the bench in 2017, was re-elected unopposed for a new four-year term in 2022. Prior to his judicial appointment, he served as a member of the Missouri House of Representatives, succeeding his position in the legislature with his mother, state Representative Peggy McGaugh.

A copy of the original filing can be found here.