Hastings judge reprimanded for pulling strings for priest friend who was ticketed

County Court Judge Michael P. Burns got no additional punishment for his misconduct, Chief Justice Mike Heavican, who chairs the Commission on Judicial Qualifications, wrote in the reprimand, which came out with Friday's opinions.

Heavican said Burns, who had no history of prior discipline, "expressed embarrassment and remorse and has acknowledged the consequences, albeit unintended, of this misconduct."

The judge also immediately reported his own conduct and fully cooperated with the Judicial Qualifications Commission investigation that followed.

According to the order, on March 16, during a noon break, Burns got a message from a county clerk magistrate who had noticed a misdemeanor charge being filed against someone the clerk recognized as Burns' friend and parish priest, who isn't named in the reprimand.

Although a judge hadn't yet been assigned and Burns had a clear conflict due to his friendship with the priest, he told the clerk to hold off processing the charge so he could look into it.

Burns called the County Attorney who had filed the charge, feeling certain that his friend wouldn't have intentionally driven away from a convenience store without paying and there must be some mistake.

"He asked if further investigation might be warranted before proceeding, and provided the defendant's phone number to pass along to law enforcement," Heavican said.

He also contacted his friend, notifying him of the charge and encouraging him to follow up with law enforcement to resolve it.

Burns reported his conduct the same day.

The commission found Burns' actions "improper," and said he should have told the clerk magistrate he had a conflict of interest. And he shouldn't have gone to the prosecutor.

"Although Judge Burns reasoned he was helping his parish priest avoid the public embarrassment of an unjust minor criminal charge, he was only able to do so by virtue of his judicial position, using knowledge and contacts afforded to him as a judge," Heavican said in the reprimand, which is intended to address the specific conduct as well as instruct other judges should they find themselves in similar circumstances.

Burns has been a judge since 2011.