Judicial complaint

Published 12:00 am Friday, August 19, 2011

Judicial complaint latest episode in neighbors’ feud

 By Charlie Smith
Greenwood Commonwealth

Three people are alleging Leflore County Court Judge Kevin Adams used his position to influence a legal battle involving property he co-owns with his father-in-law in Panola County.

They’ve filed a complaint with the Mississippi Commission on Judicial Performance.

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At the heart of the controversy is a two-year feud regarding four-wheelers riding across property  owned by Adams and his father-in-law, Billy John Clolinger.

Clolinger’s former neighbors, Chris Corcoran and Paul Pannell, as well as Elizabeth Handley of Fayetteville, Ga., Corcoran’s sister, filed the complaint July 5.

Their main evidence is an April 21 e-mail from Adams to Corcoran’s lawyer. Adams tells the attorney to get control of his client and for Corcoran to stop harassing Clolinger by making false accusations to authorities.

Adams is identified as a judge in the e-mail’s signature.

“This judge is using his position on the bench to sway influence and win favor with judicial and law enforcement authorities in Panola County, Mississippi, in an attempt to benefit the outcome of multiple legal battles Mr. Clolinger is currently facing,” the complaint states.

The trio also alleges Adams has inappropriately interjected himself at court hearings involving Clolinger and that Adams and Clolinger influenced Panola County employees to not enforce ordinances and deed restrictions.

They’re asking the Judicial Performance Commission to investigate.

Canon 2B of the Mississippi Code of Judicial Conduct states judges cannot “lend the prestige of their offices to advance the private interests of the judges or others.”

It gives an example that a “judge must not use the judge’s judicial position to gain advantage in a civil suit involving a member of the judge’s family.”

John Toney, executive director of the Judicial Performance Commission, said he could neither confirm nor deny receiving a complaint against Adams.

All proceedings of the commission are secret unless it files a recommendation for discipline with the Mississippi Supreme Court.

When reached for comment, Adams said he was unaware of the complaint against him. After contacting the commission, Adams said he couldn’t comment under judicial rules.

Clolinger, 69, said the whole thing is a case of Corcoran messing with him. He said Corcoran has filed false accusations against him with the FBI, Mississippi Department of Environmental Quality and Mississippi Valley Pipeline Co.

Clolinger said he no longer stays in the community and just wants to live in peace.
As for Adams, Clolinger said the only thing the judge has done is go with him to court once but only as a family member, and the hearing was canceled.

“As far as I’m concerned, Judge Adams has no dog in the fight,” Clolinger said.

He said Adams now owns a share of the property. An amended deed with Adams’ name listed on it was filed with the Panola County chancery clerk on April 18, three days before Adams sent the email.
Feud ‘ongoing’

An incident report from the Panola County Sheriff’s Department provides a telling summary of the two-year clash between the two former neighbors.

“Talked to all the subjects involved. This incident is ongoing. They just don’t like each other,” the report states in total.

In 2009 Clolinger bought a summer home that formerly belonged to Corcoran’s parents in a community near Enid Lake in southern Panola County.

Corcoran said that Clolinger fixed up the residence and that he and Clolinger were initially friends. But then came multiple arguments over children riding four-wheelers in the area, including Corcoran’s nephew.

The result has been terse exchanges on the editorial pages of The Panolian, petitions signed and court appearances.

Four charges filed against Clolinger by two residents of the neighborhood were passed to the file in August 2010, according to reports by The Panolian.

Two charges filed by Corcoran for simple assault and stalking are set to go to court Aug. 18, according to Panola County Justice Court Clerk Carrie Ann Davis. She said she wouldn’t know if the charges previously passed to the file would be brought back up until after the hearing.

Clolinger’s house burned to the ground in January. He returned to his previous home in Scobey but still owns the property near Enid Lake.

Corcoran’s attorney, Bill Clayton of Sardis, said with a long-running affair like this and with no relief seeming to come from the system, Corcoran can get upset and sometimes that can lead to doing something stupid.

“I’m kind of the stupid-eliminator,” Clayton said.

He said he didn’t respond to Adams’ e-mail but gave a copy to Corcoran.

“I think Mr. Adams is trying to assist his father-in-law in some land or other dispute up in this part of the world. He’s trying to do what he thinks he can do. Whether that steps across the judicial boundary or not, I don’t know,” Clayton said. “That’s not for me to say.”

The e-mail said Corcoran has filed numerous false reports in connection with the land. In it, Adams said the false allegations include claims of Clolinger burning asphalt shingles and of a septic tank too close to a well.

“These harassing tactics must stop immediately,” Adams wrote. “I recognize that your client delights in abusing the legal system. You, however, as an intelligent and learned officer of the court, will, I hope, explain to your client the ramifications of his continued tortious interference in the use and development of my property.”

Corcoran doesn’t deny turning in Clolinger for burning shingles and the septic tank, but he said Clolinger really did commit those violations.