JEFFERSON CITY — The Missouri Supreme Court has suspended Judge Joe Don McGaugh, an associate circuit judge in Carroll County, for one year without pay following findings of repeated judicial misconduct.
The decision exceeds the recommendation from the Commission on Retirement, Removal and Discipline, which had suggested a six-month suspension, according to the Feb. 28 court opinion.
McGaugh admitted to the allegations, including delays in issuing rulings and providing false information about case statuses. His suspension went into effect March 1.
McGaugh, who has served since 2017, faced 12 counts of violating the Missouri Code of Judicial Conduct.
The Commission’s investigation, initiated in August 2024, revealed a pattern of significant delays in issuing rulings across multiple cases, some of which remained unresolved for over five years.
Among the most serious charges, Count 1 detailed a dissolution of marriage case that McGaugh took under advisement in September 2021 but did not resolve until 2024.
Despite repeated inquiries from attorneys and multiple reminders from the Commission, McGaugh claimed to have submitted a judgment in 2022—an assertion the named court clerk denies.
Count 2 outlined a case regarding child custody and support that was left unresolved for six years, from April 2018 until April 2024.
During this period, attorneys stressed the urgency due to ongoing disputes and directly requested action from the judge. Despite assuring the parties the ruling was imminent, McGaugh failed to deliver a judgment.
Counts 3 through 10 described additional cases where McGaugh failed to issue timely decisions, including child custody disputes, paternity claims and protective orders. In several instances, his inaction caused legal uncertainties and hardship for the affected parties.
The Commission also found McGaugh failed to properly report cases pending for more than 90 days, as required and did not respond to formal inquiries in a timely manner.
Overall, the Commission determined McGaugh’s conduct violated rules requiring judges to act diligently, maintain public confidence in the judiciary, and cooperate with disciplinary investigations.
In response to the allegations, McGaugh admitted to all counts and waived his right to a hearing. He requested a three-month suspension and agreed to begin mental health counseling.
In November 2024, his mental health professional submitted evidence indicating McGaugh had a mental disability disorder that may have affected his performance.
The Commission acknowledged this diagnosis as a mitigating factor but concluded it did not excuse the misconduct.
Despite McGaugh’s cooperation and mental health concerns, the Missouri Supreme Court imposed a stricter penalty than recommended.
During the one-year suspension, McGaugh will undergo ongoing mental health monitoring.
He must submit monthly reports from his treating physician, and two months before the suspension ends, he must undergo an independent mental health evaluation.
Based on the evaluation’s findings, the Commission may recommend further action, including potential disability retirement.
McGaugh objected to the Commission’s recommendation and requested oral arguments before the Court.
However, the Supreme Court proceeded with its ruling, emphasizing the seriousness of his misconduct and the need to uphold judicial integrity.
In his dissenting opinion, Judge W. Brent Powell agrees that McGaugh should be disciplined for misconduct but argues that the Missouri Supreme Court does not have the authority to impose a harsher penalty than the Commission on Retirement, Removal and Discipline recommends.
He argued that the Missouri Constitution grants the Commission primary authority over judicial discipline to maintain its independence and ensure public trust in the judiciary.
Powell contends the court should follow the Commission’s recommendation and suspend McGaugh without pay for six months, as exceeding that recommendation oversteps the Court’s constitutional limits.
Judge Zel Fischer also authored a separate opinion agreeing with the dissenting opinion, but noting that McGaugh's misconduct was egregious and that if deviation was permitted, he should be completely removed from office.
The commission was represented by its counsel, James M. Smith, of the commission’s office in St. Louis. McGaugh represented himself.
The parties did not respond to requests for comment before publication.
Missouri Supreme Court case number: SC100875