Hawkins Sessions Court judge accused of theft


Published January 24th, 2012 10:45 pm


 

ROGERSVILLE — Beleaguered Hawkins County Sessions Court Judge James “Jay” Taylor, already the subject of multiple civil lawsuits and a Tennessee Bureau of Investigation bribery probe, took another hit Tuesday with five charges being leveled against him by the Tennessee Court of the Judiciary.

Four of the five charges pertain to allegations of theft: one theft from a client/employee; two allegations of theft from the state in the form of receiving payment for legal services he didn’t render; and one for theft of donations he accepted for a “Citizens Heritage Display” including the Ten Commandments that he planned to have placed in the lobby of the Hawkins County Justice Center.

The fifth charge states that Taylor failed to respond to the first four charges within 30 days when notified Dec. 21, 2011.

The Court of the Judiciary (COJ) polices sitting Tennessee judges and has the authority to levy disciplinary action ranging from censure or paid suspension, to recommending removal from the bench by the Tennessee General Assembly. The COJ doesn’t have the authority to suspend without pay or remove a sitting judge itself, however.

Taylor was appointed sessions judge by an 11-10 vote of the Hawkins County Commission last August following the death in May of previous Judge David Brand.

Taylor had previously served as juvenile court judge since being elected in 2006.

The Times-News contacted Taylor Tuesday evening shortly after the COJ press release pertaining to his charges was issued.

“I deny all allegations of wrongdoing,” Taylor said in a written response to the charges. “All money raised in support of the Foundations Display (Citizens Heritage Display) was given in a cashier’s check to a member of the American Legion, along with a list of people who had made contributions. I deny any wrongdoing regarding the receipt of any money from any client, and I deny any wrongdoing regarding claims submitted to the state of Tennessee.”

Taylor added, “I had calculated my response to the Court of Judiciary as being due on the 26th, and I fully intended to respond to their inquiry by that time. Since my appointment as the judge of the general sessions court, my life has been the subject of an unwarranted intense scrutiny. I intend to work with the Court of Judiciary to clear my good name. I ask for everyone’s continued support, and prayers for me and my family.”

COJ count one against Taylor alleges that on or about June 20, 2008, he received in excess of $9,000 from a client, Julie Rasmussen, which he told her would be invested by him and which was allegedly “converted by James Taylor to his own use.”

Rasmussen, a former employee of Taylor, has also filed a federal lawsuit against Taylor claiming that he stole nearly $10,000, as well as alleging sexual harassment.

The second COJ charge against Taylor alleges that while he served as juvenile court judge, and later as sessions judge, he filed numerous claims with the Tennessee Administrative Office of the Courts claiming payment for services as appointed counsel in cases that he performed no legal service.

The third charge alleges that while serving as juvenile court judge Taylor collected funds as a result of representing to the public that he was organizing a “Citizens Heritage Display” — a monument with historical documents including the Ten Commandments — that he said would be displayed in the lobby of the new Hawkins County Justice Center.

Instead Taylor allegedly “converted the funds collected for his own use.”

The fourth charge alleges Taylor acted as the judge in matters that came before the Hawkins County Sessions Court and then filed claims for the same cases with the Tennessee Administrative Office of the Courts claiming payment for services as appointed counsel in those cases.

The alleged fraudulent payment claims were discovered as a result of close scrutiny of Taylor’s records, which were seized during a TBI and Tennessee Attorney General’s Office investigation into allegations of bribery that was to have occurred leading up to the appointment of Taylor as sessions judge by the County Commission in August.

According to sources close to the investigation, the payment claims alleged in counts two and four would not have been discovered were it not for the bribery investigation.

That TBI investigation was launched after at least one Hawkins County commissioner claimed he’d been approached by a third party and offered “a substantial amount of money” to vote for Taylor’s sessions judge appointment.

The Tennessee Attorney General’s Office has taken over any potential criminal prosecution that would occur as a result of the TBI investigation, and according to sources close to the investigation, a special grand jury has been impaneled.

Deputy Attorney General Michael Meyer has been appointed to serve as special prosecutor in the case.

The fifth COJ charge against Taylor alleges that on Dec. 21, 2011, he was given notice that a full investigation into the facts surrounding the first four charges was taking place, and that he had 30 days to file a response with the COJ Disciplinary Counsel, which he failed to do.

COJ Public Information Officer Laura Click told the Times-News Taylor now has 30 days to file a response to the five formal charges announced Tuesday. After the 30 days expires, a trial before the COJ Disciplinary Counsel would be scheduled in 60 days, assuming there aren’t any continuances.

Taylor is a candidate for sessions judge and will appear on the March 6 Republican primary ballot against two GOP opponents. Click said the COJ only prosecutes sitting judges.

If Taylor loses the election and leaves the bench later this year, assuming the COJ charges haven’t been resolved by then, those charges would be dropped.

Published January 24th, 2012 10:45 pm

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