[04/24/02]The state Commission on Judicial Performance recommended Tuesday that the state Supreme Court remove Warren County Court Judge Gerald Hosemann pending resolution of his legal woes that now include a felony assault indictment.

The commission, created to investigate judicial misconduct, declined to suggest removal earlier in Hosemann’s ordeal. If a majority of Supreme Court justices agrees, the county will still pay Hosemann’s salary, but he won’t be empowered to issue rulings until the commission’s case comes to an end.

Hosemann, eligible for re-election in November, has not filed for a place on the ballot. If convicted, state law says he would be ineligible to serve or to seek re-election.

The day after his former court reporter, Juanita “Nita” Johnston, 48, was found injured on his Hinds County ranch property Dec. 6, Hosemann said he was innocent of harming her in any way. He repeated that several times since his arrest on Dec. 28. In March, Johnston, who had given Hinds investigators information used in the sworn statement resulting in Hosemann’s arrest, wrote letters and told the press that Hosemann, whom she said she loves, is not responsible for the abdominal and leg injuries that kept her hospitalized for several weeks. She now uses a walker.

The Hinds County District Attorney’s Office declined her request to drop the charge and presented the case to a grand jury last week. The indictment of Hosemann, 50, was announced Monday. His attorney has asked for a trial date to be set soon.

Attorneys for both sides have seven days to file briefs with the Supreme Court, Commission director Brant Brantley said.

“The commission and the judge will have that time to file briefs,” he said.

The commission has recommended that Hosemann be suspended on only an interim basis, said Beverly Pettigrew Kraft, the public information officer for the state Administrative Office of Courts. If the Supreme Court were to decide in favor of the recommendation, Hosemann would remain the elected judge for Warren County Court but Gov. Ronnie Musgrove would appoint someone to take Hosemann’s role in administering youth court, misdemeanor criminal and some civil cases. That person could serve until January when a person chosen by voters starts a new term.

The commission considered recommending that Hosemann be suspended soon after his arrest, but decided against it on Feb. 12 since he had not been indicted.

The formal complaint the commission filed against Hosemann charged the judge with “willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute.” The investigation that led to the complaint was requested by Attorney General Mike Moore’s office.

Hosemann has been Warren County’s county court judge for 15 years. After being arrested and released on bond, Hosemann returned to the bench Jan. 7, choosing to hear only civil and uncontested youth court cases, but not criminal cases, for 30 days.

Hosemann told Musgrove March 19 that he would retire from the bench March 31 because the charge pending against him was hindering his duties as judge. On March 27, Hosemann withdrew that letter.

The county judgeship pays $94,000 per year.