On Saturday, December 21, 2024, KTTN News reported that Associate Circuit Court Judge Joe Don McGaugh of Carrollton is facing a proposed six-month suspension without pay due to allegations of judicial misconduct. The recommendation comes from the Commission on Retirement, Removal, and Discipline, which oversees ethical conduct among judges in Missouri.
The commission’s formal notice of misconduct was issued to McGaugh in August, prompting him to acknowledge the allegations against him. In his response, McGaugh proposed a two-month suspension, along with mental health counseling, and requested that his mental disability be considered as a mitigating factor in determining the consequences of his actions.
A medical statement submitted by McGaugh highlighted concerns regarding his mental health, suggesting that it could affect his judicial performance. The statement urged the commission to weigh this disability in its deliberations about an appropriate disciplinary action. While a Supreme Court rule indicates that mental disability cannot be used as a defense in attorney misconduct cases, it can be considered when determining disciplinary measures.
The commission’s members expressed differing opinions regarding the appropriate discipline for McGaugh. Four members supported the six-month suspension, while one member favored a more severe penalty. Another member recused from the vote. As part of the disciplinary recommendation, McGaugh would be required to submit monthly mental health reports from his treating professional throughout the suspension to ensure compliance with treatment protocols.
Beth Riggert, Communications Counsel for the Missouri Supreme Court, confirmed that the commission’s recommendation is under review by the state’s highest court. As of now, no timeline has been established for the court to take further action on the matter.
Source: KTTN News
