Disgraced ex-Arkansas judge, 75, who let underage convicts off with light sentences in return for sexual favors now claims he has judicial immunity from victims' civil claims against him
A former Arkansas judge who served prison time for granting lenient sentences to young male defendants in exchange for sexual favors is now trying to get civil lawsuits filed against him by the victims dismissed, citing judicial immunity.
Joseph Boeckmann, now aged 75, pleaded guilty in 2017 to charges of mail fraud and witness tampering, and was sentenced to five years in prison for coercing men, some as young as 16, into posing for nude pictures and being spanked with wooden paddles as a form of community service.
One victim told the court Boeckmann offered him $300 to pose as Michelangelo's David, but he refused.
Former Arkansas judge Joseph Boeckmann is being sued by four men, accusing him of coercing them into sexual acts under the guise of community service, but his attorney argues that he is protected by judicial immunity
Boeckmann, who was recently released from prison and placed on supervised release after spending less than four years behind bars, appeared in Monroe County Court on Wednesday for a dismissal hearing, reported Arkansas Democrat Gazette.
Jeff Rosenzwieg, Boeckmann's defense attorney, argued that his client cannot be sued in civil court because the he was acting in his official capacity as a judge when he sentenced the plaintiffs to community service - which included photographing them picking up litter and offering some of them money to pose naked - rendering him immune from claims.
Boeckmann, 75, served less than four years in prison after pleading guilty to wire fraud and evidence tampering charges
Plaintiffs' attorney Joshua Gillispie countered Rosenzwieg's argument by claiming that Boeckmann used his position as a judge to coerce young men into giving him sexual favors in exchange for lenience outside of the courtroom.
'Is that a judicial act? Is that something that a judge normally would do? Is that something a judge is expected to be performing?' he asked. 'If the answer is no, then there is no judicial immunity.'
The doctrine of judicial immunity protects judges from being sued for actions taken as part of their official role.
According to the lawsuit, which was filed in 2016, Boeckmann dismissed a minor's charge stemming from a traffic violation after the defendant agreed to perform community service, which entailed picking up cans as the judge took pictures of the young man from behind.
Another plaintiff claimed he posed nude for Boeckmann and was groped by him in exchange for money or dismissal of charges.
A third plaintiff said Boeckmann paid him for posing both naked and clothed after appearing in his courtroom on a misdemeanor count back in 2010.
A fourth plaintiff claimed to have been instructed by the judge to pick up cans from the floor at Boeckmann's home as the judge photographed him.
Boeckmann's lawyer has been trying to have the lawsuit dismissed for the past five years, citing judicial immunity and statue of limitations.
Prosecutors said in 2017 that Boeckmann's pattern of misbehavior dated at least to the 1990s, when he was investigated while serving as a part-time deputy Cross County prosecutor. Federal prosecutors decided against charging him after he agreed to give up his post in 1998.
Brave: Two of Boeckmann's victims Kyle Butler (left) and Richard Milliman (right) spoke out in court during his sentencing in Little Rock, Arkansas, during Boeckmann's sentencing in 2018
Richard Milliman of Memphis, Tennessee, became one of Boeckmann's victims after being stopped for driving 5mph over the speed limit four years ago, then forgetting his trial date.
The judge summoned Milliman to his house and took photos of him from behind as he picked up cans under the guise of performing community service, then shot photos of some of Milliman's tattoos.
Milliman, then 23, said he refused to pose David-like, even though he was offered $300 to mimic the Michelangelo masterpiece.
Prosecutors said the number of victims could be in the dozens or hundreds. Typically, the former district court judge dismissed traffic citations and misdemeanors in exchange for 'community service' that, in some cases, required some young men to submit to photographs in compromising positions, but in others, required sexually related conduct.
Kyle Butler said he was also forced to pose for photos and was threatened with his life if he didn't recant information he had given to state investigators.
In a letter written before Boeckmann's sentencing hearing in 2018, Butler said that after the judge had helped him following a traffic accident, he required him to routinely clean up a laptop computer that had been slowed down by a cache of X-rated pictures and videos.
'I had to do as he said. He held all the keys to my freedom,' Butler said.
Boeckmann's lawyer did not want the judge to consider the 1990s investigations, saying the ex-judge's memory was such that he couldn't refute any allegations.
The defense attorney had wanted home detention for the 'broken, ailing man', and prosecutors recommended a three-year prison term, but after hearing from two of the ex-judge's victims, US District Judge Kristine Baker said she had no choice but to impose an even stiffer penalty.
'He acted corruptly while serving as a judge. When his back was against the wall, he obstructed justice,' Baker said during the sentencing. 'That sets his crime apart.'
The judge presiding over Wednesday's dismissal hearing asked both parties to submit their arguments in writing within a week, after which he will review them and make a ruling at a later time.
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