Limestone judge’s confession leads to ethics complaint

Published 6:00 am Friday, January 17, 2020

A written confession by a Limestone County district judge to charges of theft and using his office for personal gain has triggered an ethics complaint against him, records show.

The Alabama Inquiry Commission recently filed a complaint against District Judge Douglas Lee Patterson, 37, alleging he violated the provisions of the Alabama Canons of Judicial Ethics after being formally charged with three felonies in December.

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Specifically, the commission says Patterson violated canons 1, 2, 2A, 2B and 5C (1), which cover integrity, independence of the judiciary, maintaining high standards of conduct, avoiding impropriety, promoting public confidence, avoiding conduct that brings judicial office into disrepute and refraining from financial and business dealings that exploit judicial position.

The board of inquiry cited as evidence the criminal charges against Patterson as well as the letter of confession Patterson wrote to Circuit Judge Robert Baker on Dec. 17, in which Patterson wrote:

“… Let me take this occasion to say some things to you, and others, of my unethical, criminal and reprehensible conduct: No excuses are offered, because the things I did were not, and are not, excusable. I betrayed the trust placed in me by my disabled and elderly clients by stealing from their funds for which I owed a fiduciary duty and trust. Then I betrayed the trust of the people of Limestone County by stealing from funds belonging to them and placed under my control. I counted as nothing the respect and honor of my colleagues in the Bar; who are totally free from responsibility for my actions. I hope the citizens of the county place responsibility on my shoulders, where it belongs. And, just as disgusting, I violated my oaths to the Constitution of the State of Alabama and of the United States … and to Almighty God. I will seek His forgiveness … the public and my clients and my colleagues owe me nothing but contempt and wrath. I have disgraced the good name given me by my parents. I trodden underfoot my vows to my wife. I have created a legacy of ill will and hardship for my children and family. Of course, mere words cannot describe my shameful conduct.

I regret allowing these charges to go unanswered this long. It is soul-freezing to finally face the enormity of my guilt. I wish only for the vindication of the reputation of the Courts and the Bar of Limestone County and total separation of them from my despicable acts; all of which were committed without their knowledges.

Finally, but as fervently, I acknowledge having been served by my faithful secretary, Deanna McNeill, whose service to me was of the highest character. I am not worthy to seek her, or anyone else’s, forgiveness.”

Arraignment set

In the criminal case, Special Circuit Judge Steven Haddock on Wednesday set Patterson’s arraignment for 1:30 p.m. Tuesday, Feb. 11, in the second-floor courtroom of the Limestone County Courthouse in Athens. Haddock, a retired Morgan County circuit judge, will also hold a scheduling conference at that time. To avoid a formal arraignment, Patterson and his attorney, Dan Totten of Athens, may complete, sign and file a written plea of not guilty and waiver of arraignment, Haddock wrote in his order.

If Patterson files a written plea of not guilty and waiver of arraignment, he and his attorneys shall still appear before the court as previously ordered for the Feb. 11 scheduling conference.

Depending on the estimated length of the trial, the court anticipates it will be set to commence June 8, 15 or 22. If Patterson, attorneys and witnesses cannot agree on a firm date for the trial, the court will select a date, Haddock ordered.

Further orders pertaining to scheduling will be issued after the Feb. 11 conference.

The Alabama Attorney General’s Office was pressuring the Limestone County Circuit Court to set an arraignment date for Patterson, who was indicted last month on three felony charges: use of official position or office for personal gain, first-degree financial exploitation of the elderly and third-degree theft of property. He was arrested and charged Dec. 12, 2019, after a grand jury found there was adequate evidence to formally charge him.

Prosecutors attempted “pre-arraignment negotiations” with Patterson but were unsuccessful. They asked for Patterson’s trial to begin at the earliest date for two reasons — the nature of the charges against Patterson and the fact he is still getting paid. Patterson was suspended with pay, which is $10,808 a month, according to the Alabama Comptroller’s Office.

The charges

The first count — use of official position or office for personal gain — arises from Patterson’s service as a district court judge, which includes his supervising the county’s juvenile court system. It alleges Patterson used his position as a judge to obtain $47,008.24 from the county’s juvenile court services fund.

The second count — first-degree financial exploitation of the elderly — alleges Patterson breached a fiduciary duty to Charles Hardy in order to obtain all or part of $47,800 in Hardy’s conservatorship account.

The third count — third-degree theft of property — alleges Patterson knowingly obtained or exerted unauthorized control over or knowingly obtained by deception control over a sum of money that exceeded $499 but was less than $1,500 and that belonged to the estate of Rudolph Allen.

The first two charges are Class B felonies each punishable upon conviction by two to 20 years in prison and a fine of up to $30,000. The theft charge is a Class D felony punishable by a year and one day or up to five years in prison and a fine of up to $7,500.