In re Barnack

Following the misconduct of a judge, the Commission of Judicial Fitness and Disability and the accused may submit stipulated facts and an appropriate sanction to the Supreme Court under ORS 1.420 to ORS 1.430, and the Court can approve such stipulation pursuant to ORS 1.430(2).

The purpose of the proceeding was to review the conduct of the accused, the Honorable Timothy Barnack, who is a circuit court judge in Jackson County. The offending conduct occurred at the sentencing hearing of a defendant who was convicted of 21 counts of various sex crimes, most of which included children. The accused made inappropriate, emotionally-charged comments regarding the defendant when the defendant refused to comment on his actions during sentencing and appeared indifferent. The facts and appropriate sanction were stipulated to by the Commission of Judicial Fitness and Disability and the accused, as permitted in ORS 1.420 to ORS 1.430. Under ORS 1.430(2), the Supreme Court reviewed the stipulated facts and approved to the disciplinary action of censure. The accused is censured.