The attorney for Lincoln County Justice Court Judge Judy CaseMartin said she plans to challenge a Commission on JudicialPerformance recommendation that she be publicly reprimanded andsuspended over a charge of judicial misconduct.

The recommendation, issued Monday, includes a public reprimandand a 30-day suspension without pay. It also recommends she pay$1,925 for the cost of the proceedings.

Contacted this morning, Martin had no comment on the action. Herattorney, Brady Kellems, said he was previously unaware of thecommission’s decision but called it erroneous.

“We do intend to appeal that decision to the supreme court,”Kellems said.

Brant Brantley, the commission’s executive director, said a copyof the panel’s findings was mailed to Kellems Friday.

Martin was cited for using her authority to have a defendantarrested and incarcerated without bond on two separateoccasions.

Kellems said the case involved woman who was being harassed byher ex-husband.

According to the commission’s filing, the man was arrested onthree different occasions on May 28, June 5 and July 3 in 2003.Although bond was not set until June 10 on one charge, he waseventually released on bond following his arrests.

During an August 2003 trial before Martin, the man was foundinnocent of all charges.

The commission filing and Kellems said the man was arrested on atelephone harassment charge Aug. 26, 2003. A bond hearing was notscheduled until Sept. 2, when the man was released on a $1,000bond.

“He wasn’t allowed to be released immediately because of thethreat he posed to the woman,” Kellems said.

Kellems said there is a legal question regarding justice courtjudges’ authority to deny bond to people arrested. The attorneycited judicial training sessions that indicate judges have thatpower in extraordinary circumstances.

“Judge Martin felt this was an extraordinary circumstance,”Kellems said. “She thought she was doing the right thing.”

Kellems maintained that Martin’s actions were proper.

“She was protecting the citizens of our county,” Kellemssaid.

The filing also discusses a complaint regarding a civil matter,involving the sale of a used car, heard by Martin. It said thejudge may have handled the case inappropriately, but her actionswere not willful or intentional and there was no violation of thejudicial code.

The commission filing said Martin has previously received aprivate reprimand but does not elaborate.

The commission’s recommendation will not take effect until afterit is reviewed by the Mississippi Supreme Court.

“The court can accept, reject or modify the commission’srecommendation,” Brantley said.

Kellems said the appeal process could take several months.