Former judge Boeckmann seeks judicial immunity from lawsuit

Attorneys for former Cross County District Court Judge Joseph Boeckmann Jr., of Wynne, argued during a hearing last week that Boeckmann has judicial immunity, claiming it should protect him from being sued over allegations he used his power to coerce men into sexual acts.

In 2018, Boeckmann was sentenced in federal court to five years in prison after pleading guilty to wire fraud and witness tampering. His attorney told the court last week that although Boeckmann, who is in his late 70s, has been released from prison, he remains under supervision.

Boeckmann’s attorneys argued his case in Monroe County Circuit Court before Circuit Court Judge E. Dion Wilson. Wilson did not make a decision during the hearing. He asked both attorneys to submit their arguments within seven days to review and make a decision at a later date.

The former judge’s convictions stemmed from state and federal investigations into claims he forced men as young as 16 to pose nude or lewd for him as a form of community service. Court filings show several allegations were made against Boeckmann by individuals who were given community service in exchange for allowing him to take their photographs.

The civil lawsuit, filed in June 2016, about one month after Boeckmann resigned as judge, claims a minor with a traffic violation had his charge dismissed in exchange for community service, according to a story in the Arkansas Democrat-Gazette. It says the service included the defendant bending over and picking up cans as Boeckmann took photographs of the minor from behind. Another plaintiff posed nude and was groped by Boeckmann, and in return was paid or had charges dismissed, the lawsuit alleges.

A third plaintiff posed for Boeckmann nude and clothed in exchange for money after appearing before the judge for a misdemeanor in 2010, and a fourth was told by the judge while in court to pick up cans and bring them to his residence, the lawsuit alleges. Once there, the former judge asked the plaintiff to bend over and pick the cans up while Boeckmann photographed the actions, it says.

A grand jury heard statements from six individuals who made similar claims during Boeckmann's trial. State judicial officials, at the time, said it is likely Boeckmann victimized many more young men than those willing to testify.

(Continued from Page 1) It was previously reported that an FBI agent testified Cross County District Court records for 2014 found Boeckmann was the only judge to assign community service. Of the 82 people assigned community service, 66 were white or Hispanic men between the ages of 15 and 35, according to the Democrat-Gazette.

In the lawsuit, plaintiffs claim they have suffered losses and damages in an amount excess of any minimum requirement for federal court jurisdiction in diversity of citizenship cases.

Less than a month after that complaint was filed, Boeckmann’s attorney Jeff Rosenzweig filed a motion to dismiss on judicial immunity, statute of limitations and subject matter jurisdiction.

Rosenzwieg told the Democrat-Gazette during a phone call last week that he believes judicial immunity is quite broad and includes the acts of his client.

"It all came about as a result of the probation and community service done by the court," Rosenzwieg said. He argues that because the community service was an act of the court, it makes his client immune.

Josh Gillispie, an attorney for the plaintiffs, disagrees.

"This lawsuit alleges that Boeckmann used his power as a judge to coerce young men into granting him sexual favors outside of the courtroom including taking nude photos of them or lewd photos of them and other sex-related things," Gillispie said. "Is that a judicial act? Is that something that a judge normally would do? Is that something a judge is expected to be performing? If the answer is no, then there is no judicial immunity."

Joshua Silverstein, a professor at UALR William H. Bowen School of Law, told the statewide newspaper that judicial immunity is a doctrine to prevent judges from being sued for doing things within the scope of their judicial role.

"We don't want every defendant or plaintiff suing the judge," Silverstein said. "If the parties could sue judges instead of appealing, it would be a way for plaintiffs and defendants to bring the judicial system to a halt."

A judge could make a ruling or issue an order that is egregiously wrong and someone could complain or appeal but be unable to sue, he said.

"Sexually harassing parties that come before the court is not a part of the judicial role," Silverstein said. "You can argue to the Supreme Court all you like."

There are gray areas, Silverstein said. For example, a judge could possibly make degrading comments to a female attorney in the courtroom and,