Ozark Municipal Judge Bob Brogden Causes Magistrate To Be Suspended For Doing Her JobRickey Stokes
Posted by: RStokes
Date: Oct 17 2012 8:07 PM
OZARK: A magistrate with the City of Ozark has been suspended for issuing a “summons” for someone to appear in court.
The complaint was filed by Ozark Municipal Court Judge Bob Brogden. Brogden is a private practicing attorney who is appointed as a Municipal Judge.
Brogden filed a complaint against the Municipal Magistrate for issuing a summons for a husband and wife to appear in court based on a complaint from a citizen. A “summons” is defined as:
n pl -monses
1. a call, signal, or order to do something, esp to appear in person or attend at a specified place or time
a. an official order requiring a person to attend court, either to answer a charge or to give evidence
b. the writ making such an order Compare warrant
3. (Government, Politics & Diplomacy) a call or command given to the members of an assembly to convene a meeting
(Law) to take out a summons against (a person)
[from Old French somonse, from somondre to summon]
The Magistrate had a person come into the Ozark Municipal Court and complained about a husband and wife constant complaints about their animals. The complaintant told the Magistrate there had been 7 complaints by the husband and wife to the Dale County Sheriff Department with complaints about their dogs. According to the Dale County Sheriff Department, all 7 complaints which deputies responded were unfounded.
When probable cause is found, the Magistrate can issue an arrest warrant for the persons which are complained on. The Magistrate can also issue a “summons” for the parties to appear before the court and make a decision on the complaint.
When an arrest warrant is issued, the persons are arrested, booked into jail, pictures taken and fingerprinted. The person is then required to make a bond to appear in court at a certain time. An arrest warrant gives a person an arrest record.
When a summons is issued, a person is notified to appear in court, there is no arrest record. The person is directed to appear in court concerning the allegations made.
It seems Judge Bob Brogden has a difficult time understanding what the difference is between an “arrest warrant” and a “summons”. Brogden alleges the Magistrate caused the husband and wife to have an “arrest record”. Judge Brogden alleges the Magistrate was grossly negligent in the performance of her duties.
Brogden names other allegations and is causing the Magistrate to be suspended for three days. The primary claim is the Magistrate has caused the husband and wife to have an arrest record.
Someone needs to explain to Judge Brogden the difference between an “arrest record” and a “summons”.
The allegations are harassment. The “summons” for the husband and wife is to appear due to the complaint of harassment.
Under the Ozark Personnel Rules and Regulations, the employee can not appeal the suspension.
TO OZARK MAYOR BILLY BLACKWELL AND THE OZARK CITY COUNCIL…
The complaint of Judge Brogden is wrong. In fact, the husband and wife were done a favor in the fact a “summons” was issued rather than an “arrest warrant” being issued.
Under the freedom of information act we intend to get copies of these documents. We will also be in court to see if the complaintants appear as directed.
At this time there is some abuse of the power of Judge Brogden in this matter.
This matter is serious and needs to be investigated. There could be some conflicts between private practice attorney and serving as a Judge.