State panel clears judge of wrongdoing

The state Judicial Standards Commission has cleared Chief District Court Judge Jerry Waddell of misconduct.

Waddell appeared before the commission Nov. 6 and 7 to answer a charge that he signed a custody order without giving the other party in the case an opportunity to be heard.

The commission, after hearing two days of evidence, determined that Waddell believed he had the authority to act to protect the minor children in the case and that he believed there were reasonable grounds to fear for their safety.

The commission said the judge's order was not authorized in that it was not based on any motion and the conduct was in violation of the canons of the judicial system.

"The commission further concludes, however, in light of Waddell's belief he had the authority to act in order to provide for the safety of the minor children of the parties and under all the circumstances shown by the evidence in the case, such conduct was not such as to warrant a recommendation to the North Carolina Supreme Court that Waddell be censured, suspended, or removed from office."

The complaint from the commission was filed May 15, 2008.

Waddell answered the complaint in July. He said he signed an order presented to him in open court. Waddell denied that he did anything improper or that he entered the order without providing notice to the defendant's lawyer.

Waddell said that he specifically directed that the defendant's counsel be contacted and given an opportunity to be heard.

Waddell said he always has striven to uphold and promote public confidence in the integrity and independence of the judiciary and he always performed his duties impartially and diligently.

Waddell has been a District Court judge since 1991. He was appointed chief District Court judge by the state's chief justice in 1996.

He serves Craven, Pamlico and Carteret counties.