I would concur in the standard of review adopted by the majority in the per curiam opinion, and I have reviewed the record in accordance with the newly adopted standard.
The charges made against respondent and the findings made by the Commission are set forth in full:
That while holding the office of Circuit Judge in and for the Counties of Shannon, Howell, Oregon and Carter, Missouri, 37th Judicial Circuit, you engaged in the following conduct:
CHARGE
COUNT 1. In the case of Jimmy F. Perkins v. Alice F. Perkins, Howell County Case No. 8396, you did the following:
COUNT 1 — A. That on or about the 27th day of December, 1976, you did make an ex parte order regarding the custody of Jeffery Allen Perkins, at which time you were interested in said cause and, by reason of your previous disqualifications, in which your impartiality might reasonably be questioned, having previously disqualified yourself in Alice Perkins v. Jimmy F. Perkins, Howell County Case No. 6927 on June 26, 1973; in Alice Perkins v. Jimmy F. Perkins, Howell County Case No. 7301 on August 27, 1974; and in State of Missouri v. Alice Perkins, Howell County Case No. 3222 on August 23,1974, contrary to Supreme Court Rules 51.05(a) and 51.07; Canon 3(A) (4). *841[All references to Canons pertain to the Code of Judicial Conduct as are set out in Supreme Court Rule 2].
FINDING
COUNT 1 — A. THE COMMISSION FINDS THAT PRIOR TO RESPONDENT BECOMING A JUDGE, HE WAS THE ATTORNEY FOR JIMMY AND ALICE PERKINS AND HAD REPRESENTED THEM IN TWO CORPORATE MATTERS AND IN THE ADOPTION OF THEIR ONLY CHILD. ALSO THE COMMISSION FINDS THAT JIMMY AND ALICE PERKINS ACTIVELY, AND WITH FULL KNOWLEDGE OF RESPONDENT, CAMPAIGNED FOR HIM IN POLITICAL ELECTIONS AND VISITED RESPONDENT IN HIS HOME. THE COMMISSION CONCLUDES THAT THE RESPONDENT’S IMPARTIALITY IN PRESIDING OVER ANY SUBSEQUENT LITIGATION INVOLVING THE PERKINS FAMILY MIGHT REASONABLY BE QUESTIONED. RESPONDENT’S LACK OF IMPARTIALITY IS DEMONSTRATED IN THE FOLLOWING TESTIMONY BY RESPONDENT:
“. . . IT’S BECAUSE I KNEW HIM [JIMMY PERKINS] — I MEAN THE TYPE OF PERSON HE WAS, ANYBODY WHO KNEW HIM PERSONALLY COULD NOT FORM A RELATIONSHIP WITH HIM, JUST COULDN’T, HE’S A PRUDE, HE’S A BORE, HE’S JUST NOT PLEASANT TO BE AROUND. I NEVER HAD SO MUCH AS A CUP OF COFFEE WITH THAT MAN. NEVER. AND IT WAS BECAUSE I KNEW THAT HE HAD BEEN FIRED — I STILL BELIEVE HE WAS FIRED FOR IMPROPER RELATIONSHIPS WITH GIRLS AND I HAD ALSO HEARD THAT HE HAD SOME REAL QUEER IDEAS ABOUT SEX THAT HE PRACTICED WITH MRS. PERKINS OR FORCED HIS IDEAS ON HER, AND IT WAS BECAUSE OF THIS THAT I PRIMARILY DISQUALIFIED MYSELF. I DIDN’T KNOW WHETHER I COULD GIVE HIM A FAIR TRIAL, NOT HER.
BY REASON OF PREVIOUS DISQUALIFICATIONS, RESPONDENT’S EX PARTE ORDER OF DECEMBER 24, 1976 CHANGING THE CUSTODY OF THE MINOR CHILD OF THE PERKINS WAS ENTERED CONTRARY TO SUPREME COURT RULES 51.05(a); 51.07 AND CANON 3A(4).
CHARGE
COUNT 2. In the case of In the Interest of Jeffery Allen Perkins, Juvenile Howell County Case No. 1087, you did the following:
COUNT 2-A. That on or about the 5th day of February, 1977, you did make an ex parte order at which time you were interested in said cause and by reason of your previous disqualification wherein your impartiality might reasonably be questioned, together with the fact that on February 4, 1977, you had disqualified yourself in the case of Jimmy F. Perkins v. Alice F. Perkins, Howell County Case No. 8396, contrary to Supreme Court Rule 51.05(a); Supreme Court Rule 51.07.
FINDING
COUNT 2-A. THE COMMISSION FINDS THAT RESPONDENT’S EX PARTE ORDER OF FEBRUARY 5, 1977 WAS IN VIOLATION OF SUPREME COURT RULE 51.05(a), 51.07 AND CANON 3A (4). BY THIS TIME, RESPONDENT HAD DISQUALIFIED HIMSELF ON FOUR (4) PREVIOUS OCCASIONS IN MATTERS INVOLVING ONE OR BOTH OF THE PERKINS FAMILY AND HAD BEEN DISQUALIFIED TWO (2) OR THREE (3) TIMES BY MRS. PERKINS. HIS IMPARTIALITY, THEREFORE, MIGHT REASONABLY BE QUESTIONED.
CHARGE
COUNT 2-B. Further, on or about February 5, 1977, you did order an ex parte Modification of Child Custody without service of the motions or notice to Alice F. Perkins, the mother and guardian of said child, or her attorneys, contrary to the Con*842stitution of Missouri, 1945 as amended, Article I, § 10; Supreme Court Rule 55.26(a); Canon 3(A) (4).
FINDING
COUNT 2-B. THE COMMISSION FINDS THAT THE EX PARTE MODIFICATION OF THE CUSTODY OF THE MINOR CHILD IN RESPONDENT’S ORDER OF FEBRUARY 5, 1977, WAS WITHOUT SERVICE OF THE MOTIONS, NOTICE TO ALICE F. PERKINS, OR JURISDICTION. REVISED MISSOURI STATUTE 211.031 WOULD GIVE RESPONDENT JURISDICTION OVER THE PERKINS BOY IF THE CHILD WAS A RESIDENT OF HOWELL COUNTY OR COULD BE FOUND WITHIN HOWELL COUNTY. HOWEVER, THE CHILD WAS CLEARLY A RESIDENT OF GREENE COUNTY. SECONDLY, THE RESPONDENT DID NOT KNOW THAT THE CHILD COULD BE FOUND WITHIN HOWELL COUNTY. JUDGE BUFORD STATED: “I DON’T KNOW WHERE THE CHILD WAS WHEN I SIGNED THIS ORDER, MR. WAMPLER. I REALLY DON’T. I THOUGHT THE CHILD WAS ENROUTE THERE.” NOR WAS THERE ANY EMERGENCY, NEED OR REASONABLY APPARENT NECESSITY TO JUSTIFY THIS EX PARTE ORDER. FIRST OF ALL, THIS TUMULTUOUS LITIGATION OVER CHILD CUSTODY HAD BEEN DRAGGING ON FOR YEARS. SECONDLY, THERE WAS NO EVIDENCE OF DAMAGE, HARM, OR INJURY TO THE CHILD’S MORALS OR HEALTH IN HOWELL COUNTY. IN FACT, HAROLD HENRY, THE ATTORNEY IN WHOSE FAVOR THE EX PARTE ORDER WAS ISSUED, TESTIFIED THAT THE ONLY DANGER TO THE CHILD WAS IN GREENE COUNTY AND THAT THERE WAS NO DANGER FOR THE CHILD IN HOWELL COUNTY. THE COMMISSION CONCLUDES THAT THIS EX PARTE ORDER WAS MADE WITHOUT ADEQUATE INVESTIGATION, WITHOUT PROPER SERVICE OR NOTICE, AND WITHOUT JURISDICTION AND WAS, THEREFORE, CONTRARY TO ARTICLE I, SECTION 10, CONSTITUTION OF MISSOURI, SUPREME COURT RULE 55.-26(a), AND CANON 3A(4).
CHARGE
COUNT 2-C. That during February 3 through February 5, 1977, you did direct your Juvenile Officer and attorney David Neal to file such Juvenile Petition concerning a minor child, who was not a resident of Howell County or found within the county, and that you approved such Petition and made orders wherein no facts set forth the jurisdiction of the Court, contrary to RSMo 221.031(1); 211.091(2).
FINDING
COUNT 2-C. THE COMMISSION FINDS THAT DURING FEBRUARY 3 THROUGH FEBRUARY 5,1977, THE RESPONDENT DIRECTED HIS JUVENILE OFFICER AND ATTORNEY DAVID NEAL TO FILE A JUVENILE PETITION CONCERNING THE PERKINS CHILD. THE PERKINS CHILD WAS NOT A RESIDENT OF HOWELL COUNTY OR FOUND WITHIN THE COUNTY. CONTRARY TO RSMo 1969 211.031(1) AND 211.091(2), RESPONDENT APPROVED THE PETITION AND ENTERED AN ORDER WHEREIN NO FACTS SET FORTH THE JURISDICTION OF HIS COURT.
CHARGE
COUNT 2 — D. Further, that on February 5, 1977, you did make orders and decrees and conduct a “hearing” in Shannon County in the case of In the Interests of Jeffery Allen Perkins, Howell County Case No. 1087.
FINDING
COUNT 2-D. THE COMMISSION FINDS NO CANONS, RULES, OR STATUTES PROHIBITING THE SHANNON COUNTY HEARING WHICH OCCURRED ON OR ABOUT FEBRUARY 5, 1977 IN THE HOWELL COUNTY CASE. THE RESPONDENT IS, THEREFORE, FOUND NOT GUILTY OF THIS CHARGE.
*843CHARGE
COUNT 2-E. That from and after February 4, 1977, you did fail to sustain or act upon an Application for Disqualification by Alice F. Perkins in said cause, contrary to Canon 2A; Canon 3(C)(1)(a); Supreme Court Rule 51.05.
FINDING
COUNT 2-E. ALTHOUGH IT IS NOT CLEAR WHETHER RESPONDENT EVER ACTED ON AN APPLICATION FOR DISQUALIFICATION BY ALICE F. PERKINS WHICH WAS FILED ON OR ABOUT FEBRUARY 4, 1977, AND SHORTLY THEREAFTER, CALLED TO THE ATTENTION OF RESPONDENT, IT IS CLEAR THAT FOR A PERIOD OF APPROXIMATELY THREE (3) MONTHS THEREAFTER, RESPONDENT DID NOT ACT ON THE DISQUALIFICATION. RESPONDENT’S TOTAL DISREGARD OF SUPREME COURT RULES CONCERNING DISQUALIFICATION IS REFLECTED IN THE FOLLOWING ADMISSION BY RESPONDENT: “IT WOULDN’T HAVE MADE NO DIFFERENCE IF I HAD BEEN DISQUALIFIED TEN TIMES, NO CHILD IN MY CIRCUIT IS GOING TO BE EXPOSED TO THIS KIND OF DAMAGE, MR. WAMPLER.” THIS VIOLATED CANON 2A, CANON 3C(l)(a) AND SUPREME COURT RULE 51.05.
CHARGE
COUNT 3. That in all matters affecting Alice F. Perkins, Jimmy F. Perkins and Jeffery A. Perkins, you did make orders and decrees affecting such person, having priorly represented Jimmy F. Perkins, and Alice F. Perkins, and having allowed Jimmy F. Perkins to contribute to your political campaign and visit you, at least twice, at your residence near Winona, Missouri, wherein your impartiality might reasonably be questioned and that you had a personal bias concerning Jimmy F. Perkins and personal knowledge of evidentiary facts concerning the proceedings, contrary to Canon 3(C)(1).
FINDING
COUNT 3. THE COMMISSION FINDS THAT THE RESPONDENT HAD REPRESENTED JIMMY F. PERKINS ON THREE (3) OCCASIONS AND HAD KNOWINGLY PERMITTED JIMMY F. PERKINS TO CONTRIBUTE SERVICES TO PRIOR POLITICAL CAMPAIGNS OF RESPONDENT AND HAD ALLOWED PERSONAL VISITS OF JIMMY F. PERKINS TO HIS PERSONAL RESIDENCE. RESPONDENT’S IMPARTIALITY MIGHT, THEREFORE, REASONABLY BE QUESTIONED IN THAT RESPONDENT HAD A PERSONAL BIAS TOWARD JIMMY F. PERKINS AND PERSONAL KNOWLEDGE OF EVIDENTIA-RY FACTS CONCERNING THE PROCEEDINGS. THE SUBSEQUENT ORDERS BY RESPONDENT REGARDING THE CUSTODY OF THE MINOR MADE BY RESPONDENT WERE IN FAVOR OF JIMMY PERKINS AND WERE IN VIOLATION OF CANON 3C(1).
CHARGE
COUNT 4. That during your term of office and particularly in the above stated matters affecting Alice F. Perkins, Jimmy F. Perkins and Jeffery Allen Perkins, you have failed to discourage ex parte applications, contrary to Canon 3(A)(4).
FINDING
COUNT 4. THE TESTIMONY IS CLEAR THAT RESPONDENT REGULARLY RULES ON EX PARTE ORAL MOTIONS TO DISMISS, EX PARTE ORAL REQUESTS FOR TRIAL SETTINGS, AND EX PARTE WRITTEN MOTIONS FOR ORDERS INVOLVING CHILD CUSTODY. THE COMMISSION FINDS THAT RESPONDENT FAILED TO DISCOURAGE SUCH PRACTICES. ONE OF THE MOST FLAGRANT MANIFESTATIONS OF THE RESPONDENT’S POLICY OF ENCOURAGING EX PARTE APPLICATIONS ARISES IN SOME OF THE CORRESPONDENCE IN THE PERKINS *844CASES. ON SEPTEMBER 14, 1974 JOHN HOLSTEIN, ATTORNEY FOR ALICE PERKINS, IN OPPOSING EX PARTE ORDERS BY RESPONDENT, SENT HIM THE FOLLOWING LETTER (COMM. EXHIBIT 11) WHICH WAS CAPTIONED WITH THE FILE NUMBER OF THE PERKINS’ CASE:
“DEAR JUDGE BUFORD:
BEFORE SIGNING ANY ORDERS WITH REGARD TO THE ABOVE MATTER GRANTING INJUNCTIVE RELIEF, WOULD YOU PLEASE CALL THIS OFFICE COLLECT.
THANKING YOU FOR YOUR CONSIDERATION, I AM,
JOHN HOLSTEIN”.
THE RESPONDENT’S HANDWRITTEN REPLY DATED SEPTEMBER 17, 1974, WAS AS FOLLOWS:
“DEAR MR. HOLSTEIN:
EX PARTE ORDERS WILL BE ISSUED BY THE COURT TO YOUR OFFICE AND ANY OTHER LAWYER WHEN PROPER PLEADINGS ARE PRESENTED AND THEREAFTER IT IS MY OPINION THE EX PARTE ORDER SHOULD BE ISSUED.
SINCERELY,
WINSTON V. BUFORD”.
THE COMMISSION CONCLUDES THAT THESE AFORESAID EX PARTE PRACTICES, POLICIES, AND ORDERS BY RESPONDENT ARE ALL IN VIOLATION OF CANON 3A(4).
CHARGE
COUNT 5. That you did fail to accord notice to attorneys Rich D. Moore and Douglas W. Greene, whom you knew were the then present attorneys for Alice F. Perkins, and whom you knew were interested in proceedings involving the custody of Jeffery Allen Perkins, and you did intentionally initiate and consider ex parte proceedings regarding such minor child in each of the following particulars:
COUNT 5-A. By reason of a letter of September 17,1974, bearing your signature, to attorney John C. Holstein, the then attorney for Alice F. Perkins;
FINDING
COUNT 5. THE YEARS OF 1973 THROUGH 1977 WERE YEARS OF ACTIVE LITIGATION IN THE PERKINS FAMILY. DURING THIS TIME, RESPONDENT KNEW THE WEST PLAINS LAW FIRM OF MOORE & BRILL REPRESENTED ALICE F. PERKINS AND WITH THE EXERCISE OF REASONABLE DILIGENCE COULD HAVE LEARNED THAT DOUGLAS W. GREENE ALSO REPRESENTED ALICE F. PERKINS. RESPONDENT DID INTENTIONALLY INITIATE AND CONSIDER EX PARTE PROCEEDINGS WITHOUT NOTIFICATION TO SUCH ATTORNEY INCLUDING THE FOLLOWING:
COUNT 5-A. RESPONDENT’S ANSWER TO A LETTER FROM ATTORNEY JOHN C. HOLSTEIN, ORIGINALLY DATED SEPTEMBER 17, 1974;
CHARGE
COUNT 5 — B. By reason of your Court Order of December 27, 1976, as more fully set out in Paragraph 1;
FINDING
COUNT 5 — B. BY REASON OF RESPONDENT’S COURT ORDER OF DECEMBER 24, 1976, WHICH CHANGED THE CUSTODY OF THE PERKINS CHILD FROM ALICE PERKINS TO JIMMY PERKINS:
CHARGE
COUNT 5-C. By reason of your Court Order of February 5,1977, as more fully set out in Paragraph 2D;
FINDING
COUNT 5-C. BY REASON OF RESPONDENT’S COURT ORDER OF FEBRUARY 5,1977, WHICH ORDERED THE DETENTION OF THE PERKINS BOY;
CHARGE
COUNT 5-D. By reason of your acts from on or about February 3, 1977 through Feb*845ruary 5, 1977, wherein you did discuss matters concerning the custody of Jeffery Allen Perkins with Attorney Harold Henry and did direct that a Juvenile Petition be filed and make orders without first giving Alice F. Perkins or her counsel an opportunity to be heard, contrary to Rule 51.07; Canon 3(A)(3); 3(A)(4).
FINDING
COUNT 5-D. AND FURTHER, THAT RESPONDENT DID CONSIDER THE ENTIRE MATTER FROM FEBRUARY 3 THROUGH FEBRUARY 5, 1977, AND DIRECTED A JUVENILE PETITION BE FILED AND DISCUSSED MATTERS WITH ATTORNEY HAROLD L. HENRY WITHOUT GIVING ALICE F. PERKINS OR HER COUNSEL ANY OPPORTUNITY TO BE HEARD, ALL IN VIOLATION OF RULE 51.07; CANON 3A(3) AND (4).
CHARGE
COUNT 6. That on or about February 5, 1977, you did threaten to cite the Marshal and Clerk of the Springfield Court of Appeals for Contempt of Court together with Attorney Douglas W. Greene, and did act in an irrational manner, conducting yourself so as not to promote public confidence in the integrity and impartiality of the Judiciary, contrary to Canons 1; 2(A); 3(A)(1)(3).
FINDING
COUNT 6. THE COMMISSION FINDS THAT THE RESPONDENT TELEPHONED WILLIAM C. COCKRILL, CLERK OF THE MISSOURI COURT OF APPEALS, SPRINGFIELD DISTRICT AND COMPLAINED ABOUT THE HEARING WHICH THE COURT OF APPEALS CONDUCTED IN THE PERKINS CASE. MR. COCKRILL TESTIFIED: “WELL, HE [JUDGE BUFORD] SAID SOMETHING ABOUT SOMEONE MIGHT — SOMEONE MIGHT GET IN CONTEMPT OVER THIS ...” “AFTER THE CONVERSATION I THOUGHT HE MAY HAVE BEEN REFERRING TO ME OR THE MARSHAL.” THE COMMISSION CONCLUDES THAT SUCH CONDUCT DOES NOT PROMOTE PUBLIC CONFIDENCE IN THE INTEGRITY AND IMPARTIALITY OF THE JUDICIARY, HOWEVER, THIS SOLE COMMENT DOES NOT RISE TO THE LEVEL OF MISCONDUCT AS CONTEMPLATED IN CANON 1, 2A, and 3A(1)(3). THE RESPONDENT IS, THEREFORE, FOUND NOT GUILTY OF THIS CHARGE.
CHARGE
COUNT 7. That you did, by your letter of February 16, 1977, to Honorable Robert G. Dowd, state that you would state your reasons for making such contempt citations and that you would allege a detailed complaint against the Springfield Court of Appeals and Attorney Douglas W. Greene, but that you have failed to do so, contrary to Canons 1; 2(A); 3(A) (1)(3).
FINDING
COUNT 7. THE COMMISSION FINDS THAT THE RESPONDENT’S LETTER OF FEBRUARY 16, 1977 WAS NOT IN VIOLATION OF ANY CANON OR SUPREME COURT RULE. THE RESPONDENT IS, THEREFORE, FOUND NOT GUILTY OF THIS CHARGE.
CHARGE
COUNT 8. That on or about March 18, 1977, you did make remarks from the Bench, after summonsing all available attorneys to be present, that you were being investigated by the Judicial Commission, that you had a hard time understanding “why you were being investigated, especially when you had gone out of your way to help Alice Perkins”, all in an attempt to elicit sympathy, and obtain praise, contrary to Canons 1; 2(A); 3(A) (1)(3).
FINDING
COUNT 8. IT IS CLEAR TO THE COMMISSION THAT ON OR ABOUT MARCH 18, 1977, RESPONDENT, HIMSELF, DID VIOLATE SUPREME COURT RULE OF CONFIDENTIALITY AND SECRECY OF *846THESE PROCEEDINGS. CONTRARY TO CANONS 1; 2(A); 3(A)(1)(3), AND SUPREME COURT RULE 12.23, RESPONDENT SUMMONED AVAILABLE ATTORNEYS TO BE PRESENT IN OPEN COURT, AND MADE REMARKS FROM THE BENCH CONCERNING THIS INVESTIGATION AND FURTHER, BY VIRTUE OF HIS REMARKS, DID ATTEMPT TO ELICIT SYMPATHY AND OBTAIN PRAISE. WHEN QUESTIONED ABOUT HIS REMARKS THE RESPONDENT STATED: “I WANTED ALL MEMBERS OF THE BAR INFORMED THAT I WAS BEING INVESTIGATED.” ACCORDING TO NEWTON C. BRILL, THERE WAS “AT LEAST A DOZEN” ATTORNEYS PRESENT IN COURT WHEN THE REMARKS WERE MADE. SUCH REMARKS AND CONDUCT GAIN ADDITIONAL SIGNIFICANCE BY VIRTUE OF THE FACT RESPONDENT COMPLAINS OF ADVERSE PUBLICITY WHEN IT APPEARS THAT THE SOURCE OF SUCH PUBLICITY WAS THE RESPONDENT’S OWN STATEMENTS.
CHARGE
COUNT 9. That on or about the 18th day of December, 1974, you did fail to promptly sustain an Application for Disqualification in State of Missouri v. Oswald, Cunningham and Goings, Carter County Case No. 236—A, 237—A and 238-A, State, ex rel. Oswald, Cunningham and Goings v. Buford, Missouri Court of Appeals, Springfield District, 9908, contrary to Rule 30.03, 30.12, RSMo; and Canon 3(C)(1); Supreme Court Rule 51.05.
FINDING
COUNT 9. THE CASE OF STATE OF MISSOURI V. OSWALD, CUNNINGHAM, AND GOINGS INVOLVED WENDELL CROW OF KENNETT, MISSOURI AND THE LOCAL PROSECUTOR, LELAND NEEGARD. THE CHARGE WAS FILED ON DECEMBER 4, 1974 AND SET FOR TRIAL ON DECEMBER 26,1974. ON DECEMBER 17, 1974, LELAND NEEGARD PRESENTED A DISQUALIFICATION MOTION ON BEHALF OF WENDELL CROW. RESPONDENT DID NOT RULE ON THE MOTION, BUT INSTEAD TOLD THE CLERK TO HAVE A JURY READY ON DECEMBER 26, 1974. WENDELL CROW WAS FORCED TO OBTAIN A PRELIMINARY WRIT OF PROHIBITION (STATE EX REL. OSWALD V. BUFORD, 518 S.W.2d 690 (MO.APP.1975)), BEFORE RESPONDENT FOLLOWED THE SUPREME COURT RULES AND SUSTAINED THE MOTION TO DISQUALIFY.
CONCERNING HIS FAILURE TO DISQUALIFY, JUDGE BUFORD ADMITTED THAT HE KNEW A MOTION WAS PENDING BUT EXPLAINED, “ . . . I DIDN’T KNOW WHETHER THE LAWYER WAS SERIOUS OR NOT.” THE SUPREME COURT RULES 30.03, 30.12, 51.05 CLEARLY DICTATE THAT A JUDGE SHOULD IMMEDIATELY SUSTAIN A MOTION TO DISQUALIFY. HOWEVER, JUDGE BUFORD DOES NOT FOLLOW THESE SUPREME COURT RULES BECAUSE HE IS NOT SURE WHETHER A MOTION IS “SERIOUS.” HE STATES: “SO, I HAVE FOR THE LAST THREE OR FOUR YEARS HAD GREAT DIFFICULTY IN DETERMINING WHICH MOTIONS TO DISQUALIFY ARE SERIOUS.”
THERE EXISTS A REGULAR AND CONSISTENT PATTERN OF THE RESPONDENT IN FAILING TO RULE ON MOTIONS TO DISQUALIFY BECAUSE OF HIS DIFFICULTY IN DETERMINING IF THESE MOTIONS ARE “SERIOUS.” THIS IS CONTRARY TO SUPREME COURT RULE 30.30, 30.12, 51.05; CANON 3C(1).
CHARGE
COUNT 10. That during your term of office, you have permitted private arguments and ex parte communications with in-circuit attorneys, regarding the dismissal of lawsuits pending in your court and have encouraged oral “Motions to Dismiss” and regularly sustained same, without prior no*847tice to opposing counsel, contrary to Canon 3(A)(4).
FINDING
COUNT 10. THERE APPEARS A REGULAR AND CONSISTENT PATTERN OF PERMITTING PRIVATE ARGUMENTS AND EX PARTE COMMUNICATIONS WITH IN-CIRCUIT ATTORNEYS. ALSO, NUMEROUS LAWSUITS WERE DISMISSED BY RESPONDENT, OFTEN UPON ORAL MOTION MADE BY IN-CIRCUIT ATTORNEYS AND MORE OFTEN THAN NOT, ON THE COURT’S OWN MOTION. THESE DISMISSALS WERE USUALLY WITHOUT PRIOR NOTICE AND RESULTED IN PREJUDICE TO OUT-OF-CIRCUIT ATTORNEYS. THIS FINDING IS SUPPORTED BY THE TESTIMONY OF SEVERAL LAWYERS AND JUDGE BUFORD’S OWN ADMISSIONS:
“AND I SAY NOW TO THIS COMMISSION, I DID BECOME TOO ZEALOUS IN KEEPING MY DOCKET CLEAN; I DID BECOME TOO CONCERNED; I DID — I THINK I DID GO BEYOND PROPRIETY AND THE LAWYERS SOON LET ME KNOW AND I DID BACK OFF.”
IN FBIGIDAIBE v. LUNA, JOHN PRATT, AN ATTORNEY FROM SPRINGFIELD REPRESENTED THE PLAINTIFF AND DON HENRY, A LOCAL ATTORNEY, WAS THE OPPOSING COUNSEL. ON AUGUST 8, 1976 MR. PRATT FILED A REQUEST FOR ADMISSIONS WHICH WAS NEVER ANSWERED. THE ATTORNEYS AGREED TO HAVE THE CASE SET FOR TRIAL BUT THE NEXT NOTICE MR. PRATT RECEIVED WAS A DOCKET SHEET STATING THE CASE HAD BEEN DISMISSED ON DECEMBER 17, 1976, AT PLAINTIFF’S COST. MR. PRATT TELEPHONED DON HENRY AND RELATED THEIR CONVERSATION AS FOLLOWS: “[H]E HAD INFORMED THE JUDGE OF MY REQUEST AND HIS REQUEST TO SET IT DOWN FOR TRIAL, BUT HE SAID THE JUDGE DISMISSED IT, MADE THE STATEMENT THAT THE JUDGE DOES THESE THINGS SOMETIMES.”
THE DOUGLAS COUNTY CASE OF STATE v. MABCHAB, WAS MOVED TO THE RESPONDENT’S DISTRICT BY A CHANGE OF VENUE. LARRY LUNA, AN OZARK COUNTY ATTORNEY, WAS APPOINTED SPECIAL PROSECUTOR AND RICHARD MARTIN WAS THE LOCAL DEFENSE LAWYER. MR. LUNA TOLD RICH MOORE, ANOTHER LOCAL ATTORNEY, THAT HE WOULD PROBABLY NOLLE PROSEQUI THE MABCHAB CASE. A SHORT TIME LATER LARRY LUNA RECEIVED NOTICE FROM JUDGE BUFORD THAT THE CASE WAS DISMISSED. MR. LUNA TESTIFIED THAT HE NEVER DISCUSSED THE CASE WITH JUDGE BUFORD AND WAS NOT NOTIFIED BEFORE THE DISMISSAL.
THE EXTENT OF JUDGE BUFORD’S PRACTICE OF DISMISSING CASES WITHOUT NOTICE OF DUE CAUSE IS REVEALED IN ANOTHER OF JUDGE BUFORD’S ADMISSIONS:
“I NEVER DISMISSED A CASE KNOWINGLY WITHOUT TELLING THE OTHER LAWYER, BY HAVING MY REPORTER DO IT OR HAVING THE CLERK DO IT, AND IF I HAVE I REGRET IT, IT CERTAINLY WAS NOT INTENTIONAL. FOR EVERY ONE I’VE DONE THAT WITH AN OUT-OF-CIRCUIT LAWYER, I CAN SAY TO YOU MEMBERS WITHOUT HESITATION I’VE DONE IT FIFTY TIMES TO THE IN-CIRCUIT LAWYERS. ...”
THESE FINDINGS ARE ALL CONTRARY TO CANON 3A(4).
CHARGE
COUNT 11. That during your term of office and in the course of your official conduct, your personal behavior has not been above reproach in that you have made continual and numerous comments requesting money (or making it appear as though you require money or special favors in order to *848conduct your office), and that you have accepted gratuities, contrary to Canons 2(A); 5(3).
FINDING
COUNT 11. THE COMMISSION FINDS EVIDENCE OF THE RESPONDENT MAKING GESTURES AND COMMENTS REQUESTING MONEY IN EXCHANGE FOR CONDUCTING HIS DUTY. ATTORNEY NEWTON C. BRILL TESTIFIED THAT AFTER SIGNING AN ORDER JUDGE BUFORD WOULD ON OCCASION SMILE, RUB THREE FINGERS AGAINST HIS THUMB, AND ASK “WHAT WILL YOU GIVE ME?” ATTORNEY RICHARD MOORE ALSO WITNESSED JUDGE BUFORD’S HAND MOTIONS REQUESTING MONEY. ANOTHER ATTORNEY, RICH MOORE, RELATED AN INCIDENT WHERE JUDGE BUFORD TOLD ATTORNEYS IN HIS CHAMBERS “ . . . THAT EVERY MAN PROBABLY HAS HIS PRICE . . ” ALL THREE ATTORNEYS WHO TESTIFIED ON THIS ISSUE STATED THAT THEY BELIEVED THAT THE JUDGE WAS NOT SERIOUS WHEN HE MADE THESE GESTURES AND STATEMENTS. THE COMMISSION FINDS THAT THESE COMMENTS AND GESTURES WERE IMPROPER. HOWEVER, THE COMMISSION BELIEVES THAT THESE COMMENTS AND GESTURES WERE PROBABLY MADE IN JEST AND AS SUCH DO NOT RISE TO THE LEVEL OF MISCONDUCT AS CONTEMPLATED IN CANONS 2 A AND 5(3). THE RESPONDENT IS THEREFORE, FOUND NOT GUILTY OF THE CHARGE.
CHARGE
COUNT 12. That on or about the 29th day of March, 1977, and the 21st day of April, 1977, you did make a demand for money from Cameron Mutual Insurance Company under your official letterhead and did thereby fail to conduct your personal behavior beyond reproach and did thereby exploit your judicial position, contrary to Canons 2(A); 5(C)(1).
FINDING
COUNT 12. THE COMMISSION FINDS THAT ABOUT MARCH 3, 1977 THE RESPONDENT WAS INVOLVED IN A MINOR AUTOMOBILE ACCIDENT. WHEN THE INSURANCE ADJUSTER, DON BATY, INTERVIEWED THE RESPONDENT, HE WAS TOLD THAT NO CLAIM WOULD BE FILED FOR PERSONAL INJURIES. BUT ON MARCH 29, 1977, THE RESPONDENT SENT A MONEY DEMAND FOR PERSONAL INJURIES TO THE CAMERON MUTUAL INSURANCE COMPANY ON OFFICIAL COURT LETTERHEAD AND STATIONERY. THIS INSURANCE COMPANY WAS A DEFENDANT IN LITIGATION BEFORE RESPONDENT AT VARIOUS TIMES. DON BATY REFERRED TO THE DEMAND LETTER AS FOLLOWS: “THE MAN WAS ALREADY AN ATTORNEY, IT WAS ON OFFICIAL STATIONERY, I SUSPECTED HE MEANT BUSINESS.” MR. BATY NOTED THAT THE DEMAND WAS UNUSUAL IN THAT IT WAS NOT ACCOMPANIED BY A MEDICAL REPORT. IT WAS NOT UNTIL SEVEN WEEKS AFTER THE ACCIDENT THAT RESPONDENT SAW A DOCTOR AND OBTAINED A DOCTOR’S REPORT WHICH HE SENT TO CAMERON MUTUAL INSURANCE COMPANY ALONG WITH ANOTHER COURT LETTERHEAD DEMAND LETTER, DATED APRIL 21,1977. THE DOCTOR WHO ATTESTED TO THE RESPONDENT’S INJURIES HAD RECEIVED PROBATION FROM THE RESPONDENT ON A PRIOR DRUG VIOLATION. THE COMMISSION CONCLUDES THAT THE RESPONDENT’S PERSONAL BEHAVIOR IN THIS MATTER DOES NOT PROMOTE PUBLIC CONFIDENCE IN THE INTEGRITY AND IMPARTIALITY OF THE JUDICIARY AND THAT HE USED AND EXPLOITED HIS JUDICIAL POSITION, CONTRARY TO CANONS 2 A AND 5 C (1).
CHARGE
COUNT 13. That during your term of office you have discriminated against out-of-*849circuit attorneys and in favor of in-circuit attorneys, contrary to Canons 1; 2.
FINDING
COUNT 13. RESPONDENT HAS RATHER CONSISTENTLY DISCRIMINATED AGAINST OUT-OF-CIRCUIT ATTORNEYS AND MORE OFTEN THAN NOT, ALSO IN FAVOR OF IN-CIRCUIT ATTORNEYS, CONTRARY TO CANONS 1 AND 2. THERE IS NO COURT RULE REQUIRING, NOR IS IT POSSIBLE FOR OUT-OF-CIRCUIT ATTORNEYS TO BE CONSTANTLY PRESENT ON LAW DAYS IN THE 37TH JUDICIAL CIRCUIT, YET, RESPONDENT CONSISTENTLY WORKED HIS DOCKET ON THESE DAYS. AS A RESULT, CASES WERE OFTEN DISMISSED WHEN OUT-OF-CIRCUIT ATTORNEYS WERE NOT PRESENT. THE FOLLOWING ARE EXAMPLES OF THE RESPONDENT’S DISCRIMINATORY PRACTICES.
IN BREWER v. MEEKS, DONALD BO-NACKER AND JERRY REYNOLDS, TWO SPRINGFIELD ATTORNEYS, REPRESENTED AN INSURANCE COMPANY AND HAROLD HENRY WAS A LOCAL ATTORNEY FOR THE PLAINTIFF. DEFENDANT HAD OBTAINED THE INSURANCE POLICY NUMBER AND HAD THE FIRST AND LAST NAME AS THE POLICY HOLDER. THE DEFENDANT, HOWEVER, WAS NOT THE INSURED. DONALD BONACKER AND JERRY REYNOLDS DID NOT REALIZE THIS FRAUD UNTIL AFTER THEY HAD ENTERED THEIR APPEARANCES. JUDGE BUFORD’S DISCRIMINATION TOWARD LOCAL ATTORNEYS MANIFESTS ITSELF IN THE DIFFICULTY THAT BONACKER AND REYNOLDS HAD IN WITHDRAWING FROM THE CASE. DONALD BONACKER RELATES: “ . . . [M]Y CONVERSATION WITH THE JUDGE WAS THAT IF HAROLD (HENRY) WOULD AGREE WE COULD WITHDRAW THEN HE WOULD SUSTAIN OUR MOTION.” JERRY REYNOLDS APPEARED TO ARGUE THE MOTION TO WITHDRAW AND HIS DESCRIPTION OF A PRE-MOTION CONFERENCE IS AS FOLLOWS:
“ . . . MR. HENRY STARTED TELLING THE COURT, JUDGE, I CAN’T LET THEM WITHDRAW. THEY INSURED — THEY COME IN THIS CASE AND NOW THEY WANT OUT OF IT. THAT TYPE OF LANGUAGE. AND AT THAT TIME I REQUESTED TO — THAT I WANTED TO TAKE UP MY MOTION TO WITHDRAW, MAKE FORMAL ARGUMENT ON THE MOTION. AT THAT TIME JUDGE BUFORD ASKED MR. HENRY HOW MUCH MR. HENRY WOULD HAVE TO HAVE TO SETTLE WITH OUR INSURANCE CARRIER SO THAT WE WOULD BE ALLOWED TO WITHDRAW FROM THE CASE. MR. HENRY SAID, ‘JUDGE, I’D HAVE TO HAVE TEN THOUSAND DOLLARS TO LET HIM OUT.’
“AT THAT TIME JUDGE BUFORD ADVISED ME THAT IF WE SETTLED WITH HENRY FOR TEN THOUSAND DOLLARS THE COURT WOULD SUSTAIN OUR MOTION TO WITHDRAW FROM THE CASE.”
THE MOTION TO WITHDRAW WAS OVERRULED AND BONACKER AND REYNOLDS WERE FORCED TO OBTAIN A WRIT OF PROHIBITION IN THE SUPREME COURT BEFORE THEY COULD WITHDRAW.
THE CASE OF McKEE v. FIRST NATIONAL BANK, INVOLVED JERRY REYNOLDS FROM SPRINGFIELD, MISSOURI AND NEWTON C. BRILL, A LOCAL ATTORNEY. ON JULY 29, 1975, REYNOLDS FILED A MOTION TO DISQUALIFY JUDGE BUFORD. THEN ON AUGUST 13, 1975, ON ITS OWN MOTION, THE COURT SET AN UNREASONABLY HIGH CASH COURT COSTS BOND OF $300 AND REQUIRED THAT IT BE POSTED BY 5:00 P.M. ON THAT BUSINESS DAY. IT WAS CLEAR THAT SUCH A BOND WAS NOT NEEDED OR SHOULD HAVE BEEN REASONABLY REQUIRED. IN FACT, NEWTON C. *850BRILL TESTIFIED THAT HE DID NOT REQUEST A BOND IN THIS CASE. THIS DISCRIMINATION AGAINST THE SPRINGFIELD ATTORNEY IS EXACERBATED BY THE FACT THAT THE RESPONDENT DID NOT HAVE AUTHORITY TO MAKE SUCH AN ORDER AFTER THE MOTION TO DISQUALIFY WAS FILED. IT WAS NOT UNTIL SEPTEMBER 23, 1975, NEARLY TWO MONTHS AFTER IT WAS FILED, THAT THE MOTION TO DISQUALIFY WAS SUSTAINED.
COOK v. PATTERSON, INVOLVED JERRY REYNOLDS FROM SPRINGFIELD AND PAT FREEMAN, A LOCAL ATTORNEY. THE FOLLOWING FACTS RELATE THE DIFFICULTY ONE OUT-OF-CIRCUIT ATTORNEY HAD IN GETTING A MOTION TO DISQUALIFY AND CHANGE OF VENUE SUSTAINED IN JUDGE BUFORD’S COURT. ON FEBRUARY 10, 1975, JERRY REYNOLDS DROVE 125 MILES (ROUND TRIP) TO OREGON COUNTY TO DISQUALIFY JUDGE BUFORD. THE RESPONDENT TOLD MR. REYNOLDS THAT HIS MOTION WAS SUSTAINED BUT AFTER A LAPSE OF 20 or 30 DAYS, MR. REYNOLDS CALLED THE CLERK LONG DISTANCE TO DISCOVER THAT NO DOCKET ENTRY WAS EVER MADE OF THE DISQUALIFICATION. THE NEXT LAW DAY, MR. REYNOLDS AGAIN DROVE 125 MILES TO HAVE HIS MOTION TO DISQUALIFY SUSTAINED. THIS TIME RESPONDENT TOLD MR. REYNOLDS THAT HE WOULD RULE ON THE CHANGE OF VENUE AND THEN DISQUALIFY HIMSELF. MR. REYNOLDS OBJECTED AND SHOWED RESPONDENT THE SUPREME COURT RULE REQUIRING HIM TO RULE ON THE DISQUALIFICATION FIRST AND NOT THE CHANGE OF VENUE. NONETHELESS, RESPONDENT TOLD MR. REYNOLDS TO CONTACT MR. PAT FREEMAN AND SEE WHICH COUNTY MR. FREEMAN WANTED THE CASE SENT TO AS A RESULT OF A CHANGE OF VENUE. MR. FREEMAN INFORMED THE JUDGE THAT HE AGREED WITH MR. REYNOLDS THAT THE NEW JUDGE SHOULD BE LEFT TO RULE ON THE CHANGE OF VENUE. RESPONDENT AGAIN ADVISED MR. REYNOLDS THAT HIS DISQUALIFICATION MOTION WAS SUSTAINED, BUT UNFORTUNATELY, DID NOT MAKE A DOCKET ENTRY. ABOUT 20-25 DAYS LATER, MR. REYNOLDS AGAIN CALLED THE CLERK LONG DISTANCE TO DISCOVER THAT THE RESPONDENT WAS STILL PRESIDING OVER THE CASE. ON APRIL 30, 1975, MR. REYNOLDS WROTE THE RESPONDENT AND AGAIN ASKED THE JUDGE TO FOLLOW THE SUPREME COURT RULES. ON MAY 9, 1975, ABOUT THREE MONTHS AFTER IT WAS FILED, THE MOTION TO DISQUALIFY WAS SUSTAINED.
THE CASE OF OLD v. OLD INVOLVED DANIEL KNUST OF SPRINGFIELD AND HAROLD HENRY, A LOCAL ATTORNEY. HAROLD HENRY REQUESTED AND RECEIVED A PRE-TRIAL CONFERENCE. MR. HENRY THEN BEGAN TO RELATE TO THE JUDGE EXTRANEOUS FACTS WHICH WERE PREJUDICIAL TO MR. KNUST’S CLIENT. MR. KNUST OBJECTED, BUT MR. HENRY WAS ALLOWED TO RELATE HIS THEORY OF THE CASE. THIS THEORY WAS NOT IN THE PLEADINGS NOR WAS THERE ANY EVIDENCE TO SUPPORT IT FORTHCOMING IN THE TRIAL.
THE CASE OF HUTCHERSON v. McMA-HON, IS ONE OF THE MOST GRAPHIC EXAMPLES OF THE RESPONDENT’S PREFERENTIAL TREATMENT FOR LOCAL ATTORNEYS. R. JACK GARRETT WAS THE LOCAL ATTORNEY AND JOHN ALPERS FROM TEXAS COUNTY WAS THE OPPOSING COUNSEL. MR. ALPERS DISCOVERED THAT ON THE TRIAL SETTING HE WOULD BE IN THE HOSPITAL UNDERGOING SURGERY ON HIS ARM. HIS ARM, WHICH HAD PREVIOUSLY BEEN BROKEN, WAS NOT HEALING AND HAD TO BE RESET. THE DOCTOR FEARED *851THAT MR. ALPERS WOULD LOSE HIS ARM IF STEPS WERE NOT TAKEN TO PREVENT THE ONSET OF OSTEO-MYELITIS. R. JACK GARRETT DISCUSSED THIS MATTER WITH MR. AL-PERS, BUT WOULD NOT AGREE TO A CONTINUANCE. MR. ALPERS THEN MADE AN ORAL REQUEST FOR CONTINUANCE WHICH WAS DENIED BY JUDGE BUFORD. HE THEN FILED A WRITTEN MOTION FOR CONTINUANCE SETTING FORTH HIS MEDICAL PROBLEMS. JUDGE BUFORD SET THE MOTION DOWN FOR THE DAY OF TRIAL. AS THE TRIAL DATE APPROACHED, MR. ALPERS CALLED R. JACK GARRETT ABOUT THE MOTION. GARRETT TOLD MR. ALPERS THAT ON THE DAY BEFORE THE TRIAL SETTING HE WOULD HAVE LUNCH WITH JUDGE BUFORD AND DISCUSS THE MOTION. MR. GARRETT CLAIMED THE JUDGE WOULD DO WHATEVER HE TOLD THE JUDGE TO DO. HE ALSO PROMISED TO CALL MR. AL-PERS THAT AFTERNOON AND TELL HIM OF THE OUTCOME OF THE EX PARTE DISCUSSIONS. MR. GARRETT NEVER CALLED. MR. ALPERS ENTERED THE HOSPITAL AND THE NEXT DAY A DEFAULT JUDGMENT WAS ENTERED AGAINST MR. ALPERS FOR $63,000. PRIOR TO THIS JUDGMENT MR. GARRETT HAD OFFERED TO SETTLE FOR $6,500 AND MR. AL-PERS HAD OFFERED $5,000. AN AFFIDAVIT OF MR. ALPERS’ DOCTOR WAS ATTACHED TO THE MOTION FOR NEW TRIAL BUT THE MOTION WAS OVERRULED. APPEAL WAS TAKEN TO THE MISSOURI COURT OF APPEALS, SPRINGFIELD DISTRICT BUT BEFORE THIS APPEAL WAS COMPLETED, MR. ALPERS’ CLIENT AGREED TO SETTLE THE CASE FOR $11,500.
THE FAVORED POSITION THAT R. JACK GARRETT HOLDS WITH THE RESPONDENT IS BETTER UNDERSTOOD WHEN WEIGHED WITH TESTIMONY OF THE LOCAL PROSECUTOR, W. SWAIN PERKINS. MR. PERKINS ESTIMATES THAT “ . . . NINETY PERCENT OF THE TIME [JUDGE BUFORD AND R. JACK GARRETT] EAT LUNCH TOGETHER.”
W. SWAIN PERKINS RELATES A CIVIL CASE HE HAD WITH R. JACK GARRETT AS OPPOSING COUNSEL. THE CASE HAD BEEN PENDING A LONG TIME AND MR. PERKINS WISHED TO TRY IT. JUDGE BUFORD GRANTED MR. GARRETT A CONTINUANCE SO HE COULD TAKE A VACATION.
THE RESPONDENT’S ATTITUDE TOWARD OUT-OF-CIRCUIT ATTORNEYS IS ALSO REFLECTED IN THE PROPOSED COURT RULES WHICH WERE WRITTEN BY THE RESPONDENT. RULE 7, IF ADOPTED, WOULD SUGGEST THAT ALL LAWYERS RETAIN A LOCAL LAWYER TO ASSIST IN HANDLING CASES IN THE RESPONDENT’S COURTROOM. SUCH A RULE IS CONSISTENT WITH THE PATTERN OF DISCRIMINATORY PRACTICES THAT THE RESPONDENT EXERCISED TOWARD OUT-OF-CIRCUIT ATTORNEYS. THE FOLLOWING ARE EXAMPLES OF THE PRESSURE THAT RESPONDENT EXERTED ON OUT-OF-CIRCUIT ATTORNEYS IN ORDER TO GET THEM TO RETAIN LOCAL COUNSEL.
DONALD E. BONACKER, A SPRINGFIELD, MISSOURI ATTORNEY RELATES THE FOLLOWING EXPERIENCE WHICH OCCURRED NEAR RESPONDENT’S COURTROOM: “. . . [T] HIS GENTLEMAN [JUDGE BUFORD] WALKED UP TO ME AND ASKED ME IF I HAD LOCAL COUNSEL. I SAID, ‘NO,’ AND HE SAID, ‘THAT’S TOO BAD.’ ”
IN HALLMARK CARDS v. SLOAN, HALLMARK WAS REPRESENTED BY THEIR HOUSE COUNSEL FROM KANSAS CITY. FOR FIVE MONTHS, MOTIONS HAD BEEN PERIODICALLY FILED AND WERE STILL PENDING WHEN ON THE JANUARY TERM DATE, JUDGE BUFORD DISMISSED THE CASE BECAUSE THE HOUSE COUNSEL WAS NOT PRESENT. WHEN *852HALLMARK CARDS JOURNEYED FROM KANSAS CITY TO FILE A PETITION FOR REINSTATEMENT, JOHN WILES WAS RETAINED AS A “LOCAL ATTORNEY.” THE IN-HOUSE COUNSEL FOR HALLMARK HAD NO FURTHER DIFFICULTY IN KEEPING HIS CASE ON THE RESPONDENT’S DOCKET AFTER HIRING MR. WILES.
ALL THE AFORESAID DISCRIMINA-TIONS AND PREFERENCES ARE IN VIOLATION OF CANONS 1 AND 2.
CHARGE
COUNT 14. That during approximately April, 1977, in the case of State v. Scott Henry, Oregon County case, you did conduct court and make statements to make it appear that your sentence was as a result of plea bargaining when in fact, it was not, in order to justify your sentence and you were swayed by partisan interests in fear of criticism, contrary to Canons 1; 2(A); 3(A)(1).
FINDING
COUNT 14. In STATE v. SCOTT HENRY, THE COMMISSION FINDS THAT IN MARCH 1977 PLEA NEGOTIATIONS TOOK PLACE IN THE RESPONDENT’S HOME. W. SWAIN PERKINS, PROSECUTOR, WAS PRESENT BUT NEGOTIATIONS TOOK PLACE ONLY BETWEEN THE RESPONDENT AND DEFENSE ATTORNEYS. MR. PERKINS WISHED TO TRY THE CASE, BUT RESPONDENT TOLD MR. PERKINS, “I THOUGHT YOU KNEW HOW TO SETTLE THESE MATTER^] OR SETTLE CASES LIKE THIS.” BOTH MR. PERKINS AND DEFENSE COUNSEL RAY LEE CASKEY TESTIFIED THAT MR. PERKINS MADE NO RECOMMENDATION IN THE CASE. THE NEXT DAY WHEN THE PLEA WAS TAKEN RESPONDENT MADE STATEMENTS FROM THE BENCH TO THE EFFECT THAT THIS SENTENCE WAS THE RESULT OF PLEA BARGAINING BETWEEN THE PROSECUTOR AND THE DEFENSE ATTORNEYS. THESE STATEMENTS BY RESPONDENT WERE MADE IN AN EFFORT TO JUSTIFY THE SENTENCE. THE COMMISSION FINDS THAT THE RESPONDENT WAS SWAYED BY'PARTISAN INTERESTS AND FEAR OF CRITICISM, AND THAT HE MADE THE SENTENCING APPEAR AS THOUGH IT WAS THE RESULT OF A PROSECUTOR’S WILLING PLEA NEGOTIATION WHEN IN FACT, IT COULD NOT BE INTERPRETED AS SUCH. THE FOREGOING WAS IN VIOLATION OF CANONS 1, 2A; 3A(1).
CHARGE
COUNT 15. That during your term of office you have failed to be patient, dignified and courteous to attorneys Jack Alpers and Rich D. Moore, contrary to Canons 2(A), 3(A)(3).
FINDING
COUNT 15. THE COMMISSION FINDS THAT ON ONE OCCASION THE RESPONDENT MADE THE FOLLOWING STATEMENT ABOUT JACK ALPERS IN OPEN COURT: . . [H] E’S NO DAMNED GOOD . . . HENCEFORTH THE WORD OF JACK ALPERS WILL NOT BE TAKEN AS THE TRUTH IN THIS COURT. HE CANNOT TELL THE TRUTH. HE DOESN’T APPEAR WHEN HE PROMISES TO DO SO.”
THE COMMISSION ALSO FINDS THAT DURING THE TRIAL OF STATE v. KEA-NEY ACCORDING TO THE TESTIMONY OF RICH D. MOORE THE FOLLOWING OCCURRED:
“. . . I THINK I MADE AN OBJECTION, THE JUDGE WAS LEANING BACK IN HIS CHAIR, AND HE ABRUPTLY CAME FORWARD AND I THINK HIT THE—HIT THE DESK OVERRULING MY OBJECTION. I WAS CONCERNED—I WAS CONCERNED ABOUT THE MANNER IN WHICH HE DID IT FOR FEAR THAT IT MIGHT AFFECT THE JURY AND I MADE A RECORD ON IT. DICTATED INTO THE RECORD MY CONCERN.”
*853THE COMMISSION CONCLUDES THAT THIS CONDUCT DOES NOT PROMOTE PUBLIC CONFIDENCE IN THE INTEGRITY AND IMPARTIALITY OF THE JUDICIARY. HOWEVER, THE COMMISSION DOES NOT BELIEVE THAT THIS CONDUCT RISES TO THE LEVEL OF MISCONDUCT AS CONTEMPLATED IN CANONS 2A and 3A(3). THE RESPONDENT IS, THEREFORE, FOUND NOT GUILTY OF THIS CHARGE.
CHARGE
COUNT 16. That on August 11 and 12, 1977, in the matter of State of Missouri v. Leroy Zimmer you did threaten and intimidate Attorney David C. Howard while said attorney was representing a juvenile. Attorney Howard had filed a civil rights action in the federal district court asking for declaratory relief, injunctive relief and damages challenging the constitutionality of the confinement conditions in the jail in which his juvenile client was incarcerated. That you indicated to Attorney Howard that you would get Plaintiff to dismiss its motion to transfer said juvenile to the Adult Criminal Court in return for said Attorney’s dismissal of the then pending federal civil rights action, and that you did thereby threaten to present criminal charges solely to obtain advantage in a civil matter contrary to DR 7 — 105 and in violation of Canon 1, Canon 2(a) and Canon 3.
FINDING
COUNT 16. THE COMMISSION FINDS THAT ON AUGUST 11, 1977, THE RESPONDENT TELEPHONED DAVID C. HOWARD, ATTORNEY FOR LEROY ZIMMER, AND ASKED HIM FOR HIS EXPLANATION OF THE FEDERAL CIVIL RIGHTS SUIT FILED ON BEHALF OF LEROY ZIMMER. ON AUGUST 12, 1977, A JUVENILE CERTIFICATION HEARING WAS SET FOR DAVID LEROY ZIMMER. PRIOR TO THE HEARING, A CONFERENCE WAS HELD IN THE RESPONDENT’S CHAMBERS. DURING THAT CONFERENCE THE RESPONDENT STATED: “I UNDERSTAND YOU’VE SUED SOME JUDGES”, AND THEN ASKED ABOUT THE FEDERAL CASE. AFTER MR. HOWARD EXPLAINED THE NATURE OF THE FEDERAL SUIT, JUDGE BUFORD STATED “WE STILL CAN’T PRETEND THESE MATTERS AREN’T ALL CAUGHT UP TOGETHER” AND ASKED WHAT MR. HOWARD WANTED FROM THE CERTIFICATION HEARING. MR. HOWARD STATED THAT HE WANTED LEROY ZIMMER PLACED ON PROBATION AS A JUVENILE. JUDGE BUFORD THEN ASKED WHAT DAVID C. HOWARD “WAS GOING TO GIVE UP TO GET THAT DISPOSITION.” MR. HOWARD ASKED FOR AN EXAMPLE OF WHAT THE RESPONDENT MEANT. DARRELL DEPUTY, JR., ATTORNEY FOR THE JUVENILE OFFICERS, STATED: “LOOK, YOU DISMISS THE FEDERAL LAWSUIT AND WE’LL DROP THE MOTION TO HAVE THE BOY CERTIFIED FOR TRIAL AS AN ADULT.” MR. HOWARD ASKED THE RESPONDENT WHAT HE THOUGHT OF THIS OFFER AND JUDGE BUFORD REPLIED THAT “HE VIEWED HIS RESPONSIBILITIES TO SETTLE ALL MATTERS AMICABLY.” THE COMMISSION CONCLUDES THAT THE RESPONDENT PARTICIPATED IN AND APPROVED PRE-TRIAL NEGOTIATIONS WHEREIN THERE WERE DISCUSSIONS THAT THE JUVENILE AUTHORITIES WOULD DISMISS A JUVENILE CERTIFICATION HEARING IF COUNSEL FOR LEROY ZIMMER WOULD DISMISS A PENDING FEDERAL CIVIL RIGHTS SUIT, ALL IN VIOLATION OF CANONS 1,2A, 3 and DR 7-105.
CHARGE
COUNT 17. That from September 23 to October 5, 1977 in the case of State of Missouri vs. Charles Hopkins, Missouri Court of Appeals, Springfield District, Mo. 9908, Howell County, Case No. 3302, you did threaten, abuse and intimidate Attorney John R. Pratt relative to a brief which he had filed in the Missouri Court of Appeals, *854Springfield District and did threaten said attorney with contempt of court relative to said brief. The said appellant court had reversed the conviction wherein you were the trial judge. That you, by your actions, prevented Attorney Pratt from introducing evidence relative to his motion to withdraw his waiver of trial by jury, all in violation of Canons 1, 2(a), 8(a)(l)(3).
FINDING
COUNT 17. THE COMMISSION FINDS THAT JOHN R. PRATT SUBMITTED A BRIEF TO THE MISSOURI COURT OF APPEALS, SPRINGFIELD DISTRICT WHICH WAS BASED ON ALLEGED EXTRA JUDICIAL STATEMENTS OF JUDGE BUFORD. THESE STATEMENTS WERE ALLEGED TO HAVE BEEN MADE WHILE THE JURY IN THE ORIGINAL TRIAL WAS DELIBERATING. THEY WERE TO THE EFFECT THAT IF THE JURY HAD BEEN WAIVED THEN THE JUDGE WOULD HAVE ACQUITTED THE DEFENDANT. IN A NEW TRIAL DEFENDANT WAIVED A JURY, BUT WAS CONVICTED BY RESPONDENT. THE MOTION FOR NEW TRIAL WAS SET FOR OCTOBER 5, 1977. ON SEPTEMBER 23, 1977, MR. PRATT CONFERRED WITH JUDGE BUFORD OVER THIS MATTER. THE RESPONDENT TOLD MR. PRATT IN CHAMBERS THAT IF HE MADE THE SAME STATEMENTS IN RESPONDENT’S COURTROOM AS WERE MADE IN THE APPELLATE BRIEF HE WOULD BE “CALLED TO ACCOUNT.” THE RESPONDENT THEN REFUSED TO STATE ON THE RECORD IF HE HAD EVER MADE THE ALLEGED STATEMENTS. MR. PRATT KNEW THAT ON OCTOBER 5th HE MUST RECITE THOSE STATEMENTS DURING THE COURSE OF THE MOTION FOR NEW TRIAL. AS A RESULT HE FELT INTIMIDATED AND MADE ARRANGEMENTS FOR HIS LAW PARTNER TO STAND BY WITH BAIL MONEY UNTIL MR. PRATT WAS SAFELY OUT OF JUDGE BUFORD’S COUNTY. THE COMMISSION CONCLUDES THAT THE RESPONDENT UNREASONABLY THREATENED, ABUSED, AND INTIMIDATED ATTORNEY JOHN R. PRATT WITH THE USE OF CONTEMPT OF COURT CHARGES RELATIVE TO A LEGAL BRIEF HE FILED IN THE SPRINGFIELD DISTRICT OF THE MISSOURI COURT OF APPEALS, IN VIOLATION OF CANONS 1, 2A, 3A(1)(3). CONCERNING THE REMAINDER OF COUNT 17 THE COMMISSION DOES NOT FIND, AS A MATTER OF LAW, THAT THE RESPONDENT PREVENTED ATTORNEY PRATT FROM INTRODUCING EVIDENCE RELATIVE TO HIS MOTION TO WITHDRAW WAIVER OF TRIAL BY JURY. THE RESPONDENT IS, THEREFORE, FOUND NOT GUILTY OF THIS PART OF COUNT 17.
RECOMMENDATION
AFTER THE FIVE DAY HEARING IT BECAME APPARENT TO THE COMMISSION THAT THE RESPONDENT LACKED A RUDIMENTARY UNDERSTANDING OF THE SUPREME COURT RULES, THE CODE OF JUDICIAL CONDUCT, AND THE STATUTES OF THE STATE OF MISSOURI. JUDICIAL MISCONDUCT WAS EVIDENCED BY THE RESPONDENT’S POLICY OF NOT RULING ON DISQUALIFICATION MOTIONS; BY HIS PRESIDING IN LITIGATION WHERE HE WAS BIASED TOWARD ONE OF THE PARTIES; BY HIS DISCRIMINATIONS AGAINST OUT-OF-CIRCUIT ATTORNEYS; BY HIS PROCEDURE OF ENTERTAINING EX PARTE APPLICATIONS AND DECISIONS; BY HIS VIOLATION OF THE CONFIDENTIALITY OF THESE PROCEEDINGS; BY HIS EXPLOITATION OF HIS JUDICIAL POSITION TO OBTAIN AN INSURANCE RECOVERY; BY HIS ATTEMPT TO BARTER THE DISMISSAL OF A JUVENILE PROCEEDING IN EXCHANGE FOR DROPPING A CIVIL RIGHTS ACTION; AND IN HIS THREATS TO USE CONTEMPT PROCEEDINGS TO PROTECT HIMSELF FROM INCRIMINATION. THIS MISCONDUCT RESULTS *855IN BOTH A COMPLETE FAILURE TO PROTECT THE RIGHTS OF LITIGANTS, WITNESSES, AND ATTORNEYS AND AN EROSION OF JUDICIAL INTEGRITY.
THE COMMISSION, THEREFORE, RECOMMENDS THAT THE RESPONDENT BE REMOVED FROM OFFICE.
Most of the charges made by the Commission may be arranged and discussed in general categories. The charges will be addressed on this basis.
First, it was charged that respondent delayed in making orders for change of venue or disqualification of the judge; that he improperly refused to make orders disqualifying himself as judge; that he performed judicial acts in cases after the filing of motions to disqualify; that he improperly failed to disqualify himself on his own motion; that he refused to comply with mandates and orders of superior courts; and, that he had a practice of waiting to see if the parties were serious before ruling on motions to disqualify. These charges basically involve the Perkins matter in its entirety (Counts 1A, 2A, 2B, 2C, 2E, 5, 5A, 5B, 5C, and 5D) and the Oswald matter (Count 9).
Prior to December 23, 1976, respondent had either disqualified himself on his own motion or on motion of a party four to seven times. The copious record in this cause is replete with undisputed testimony of respondent’s misconduct in the Perkins matter. On the father’s motion for modification of December 22, 1976, respondent issued his ex parte order directing custody of the child be taken from the mother and awarded to the father. Learning of this order, the mother sought relief in the Missouri Court of Appeals, Southern District. On January 24, 1977, the court of appeals entered an order vesting custody of the minor child in the mother and ordered that the child not be removed from Greene County until further order of that appellate court, without prejudice to the father making application to an appropriate juvenile court pursuant to Chapter 211, RSMo 1969. The child was returned to the mother pursuant to that order. This appellate court order was followed by a full opinion of the court of appeals on January 31, 1977, in the case styled Ex parte J.A.P., 546 S.W.2d 806 (Mo.App.1977). In that opinion the court of appeals found there was simply no basis upon which to premise a change of custody order by way of any so-called emergency. Nevertheless, in less than a week after receipt of the order and opinion of the court of appeals, respondent in his capacity as juvenile judge, through his juvenile officer in Howell County, instigated a proceeding in which he issued an order, which if carried out would have denied custody to the mother. That order was issued on or about February 5, 1977, when the child happened to be in Howell County with the father. The mother again applied for immediate relief in the Missouri Court of Appeals, Southern District, and that court promptly issued an order voiding respondent’s juvenile court order and prohibiting respondent from proceeding further in the matter.
Respondent sought to justify his conduct of February 5 on the grounds that he was concerned for the welfare of the child. This explanation flies in the face of the record, and this explanation was apparently, with complete justification, disbelieved by the Commission. The record shows that this very contention had been considered by the appellate court as shortly as one week earlier and if that court has believed the child was in danger it would not have issued its second order returning the child to the mother. Respondent having in hand an appellate court order which was only a few days old, evaded and in effect countermanded that order by taking the child from the mother in his role as juvenile judge.
The evidence on all of the disqualifications is virtually undisputed and speaks for itself. The findings of the Commission on these counts are supported by the record. This misconduct is highlighted against the backdrop of a turbulent history of prior litigation involving this mother, father and minor child, and the several prior disqualifications of respondent in those matters. It is clear that respondent’s conduct was not *856only highly improper when he instigated such proceedings and entered his ex parte orders, but the record reveals that he should instead have sua sponte disqualified himself in the case. In my judgment respondent’s actions constituted misconduct in office for which he should be disciplined, and indeed the Perkins matter alone seems sufficient to warrant his removal.
Second, it was specifically charged that respondent attempted to force settlement of a federal case against certain judges as a condition precedent to ruling in a juvenile certification hearing in the Zimmer case (Count 16).
Deferring to the Commission on the question of credibility of the witnesses, I find the charge supported by the record.
Third, respondent was charged with dismissing cases without notice. There is no dispute on this issue. The dismissals speak for themselves, Respondent also admitted that he may have gone too far with dismissals in his efforts “to clean his docket.”
I find no problem in adopting the findings of the Commission on all of the above counts and I concur in the conclusions of the Commission that these acts violate our rules, statutes and judicial canons and that their violation renders respondent subject to disciplinary action by this court.
The fourth is a specific charge that respondent used his official stationery and his office in making a personal injury claim against the Cameron Mutual Insurance Company.
I do not agree with the Commission’s view that the use of “official stationery” was the critical issue in this matter. Every person involved in this matter knew the respondent to be a judge and it mattered not whether he wrote regarding his claim on his official stationery or upon his private stationery. The real issue is whether he “used his office” or whether he was guilty of “oppression in office” by reason of his acts. The following are the controlling facts.
On March 3, 1977, respondent was rear ended resulting in $391.09 damage to his automobile. He also made a loss of use claim in the amount of $75 stating that he was obligated to his brother for use of a car while repairs were being made. The evidence is disputed as to whether respondent told the adjuster he would make no claim for personal injury. The evidence is undisputed that respondent did later claim a whiplash; that he had not seen a doctor in the seven weeks following the accident and prior to making the claim; that he wrote Cameron Mutual asserting a claim for the property damage, the loss of use and an additional $2,500 for his personal injury; that Cameron Mutual requested a medical report; and that on April 21, 1977, respondent wrote a second letter to Cameron Mutual enclosing his medical report and re-asserting his demand. The evidence is also undisputed that on April 18, 1977, three days prior to his second letter and during the course of his dealings with Cameron Mutual, respondent did dismiss a Cameron Mutual case pending in his court styled Cameron Mut. Ins. Co. (Plaintiff) v. St. Louis & San Francisco R. R. (Defendant), Howell County. The case was later reinstated at the request of Cameron Mutual’s attorney. The docket sheet showed there had been activity on the dismissed case within four months prior to the dismissal and a trial setting which had been passed about a month before the dismissal.
The medical report was written by Dr. Penton Wilson, a D.O., in respondent’s office and in his presence, and was in the following form:
“April 21, 1977
To Whom It May Concern:
This is to certify that I have this day made physical examination of Judge Winston V. Buford of Eminence and find that as a result of March 3,1977 auto accident (his car struck violently from rear by another vehicle) he is suffering with whiplash injury of the neck and will require treatment until recovery.
Sincerely,
Penton Wilson, D.O.”
*857Dr. Wilson was under probation in respondent’s court for drug violations and the State Board of Healing Arts had been seeking to open the court file which had been closed by respondent.
Insurance adjuster Baty testified that twenty days after the accident respondent told him he would make no claim for personal injury. Respondent testified he made no such statement to the adjuster. The Commission resolved this issue of credibility in favor of the adjuster Baty and against the respondent. The same Baty testified that it was his impression that respondent “meant business”; and, that such a demand without a substantiating medical report was “unusual.” Respondent testified that he had no intent to convey such an impression. The Commission again resolved the credibility issue against respondent. Baty had also testified without contradiction and with reference to the claim that “liability was questionable.”
The Commission inferred and concluded from these facts that respondent has exploited his office contrary to the judicial canons. I find nothing in our newly adopted standard of review which would dictate that we hold the inference and conclusion of the Commission unreasonable. On the contrary, I would submit that the facts above compel acceptance of the inference and conclusion drawn by the Commission.
Fifth, Count 8 specifically charges respondent with publicizing the Commission proceedings. Count 8 deserves but brief attention. The respondent was charged with calling his local bar together to tell them that he was under investigation. While I consider this act to be in poor taste, I consider the act to be at most a technical violation for the reason that the secrecy provisions are designed primarily for the benefit of the person being investigated. I mention the count for one reason only — to illustrate the inconsistency of respondent. While he complains of the publicity attendant to these proceedings, it was he who chose to make a public announcement to his local bar members.
Further inconsistency is illustrated by the fact that in the meeting with his bar he announced that whatever he had done in the Perkins matter, he had done it to help and protect the mother. Throughout the hearing, he contended all such acts were done to protect “the best interest of the child.” Respondent’s inconsistency is best illustrated in other parts of the testimony relating to the Perkins matter. In explaining why he had disqualified himself in the early days of the Perkins proceedings, respondent castigated and condemned Perkins as set forth in the Commission Findings, Count 1A. He later resorted to ex parte proceedings to try to take the custody from the mother and to place it in the castigated and condemned Mr. Perkins.
Sixth, it was charged generally that respondent’s course of conduct proved that he was prejudiced for in-circuit lawyers and against out-of-circuit lawyers.
Most of the remaining charges fall into this “catch all” category. There are some three hundred pages of respondent’s explanation of his intent and motives, all of which the Commission was entitled to disbelieve. We, by our newly adopted standard of review, are obligated to defer to the Commission on questions of credibility. The total findings of the Commission indicate virtual total disbelief of respondent’s explanations and justifications of his acts. For my own part, I have always presumed that proper judicial conduct can stand on its own and requires neither explanation nor justification. It should speak for itself and ride or fall on its own merits.
There were approximately thirty character witnesses called by respondent, most of whom testified they did not believe he was prejudiced. About twenty witnesses were called by the Commission to prove the contrary. It would serve no good purpose and it is not necessary to the outcome of this dissenting opinion to recite all of the remainder of this voluminous testimony.
Suffice it to say, the lengthy transcript illustrates all of the misunderstandings, hard feelings and difficulties that can result from the haphazard administration of jus*858tice. It reflects a story of dilatory attorneys, late and unfiled pleadings and oral and partial agreements. Attorneys relied on opposing counsel to take up or call up their motions. Arrangements and even court orders were loose, unwritten and unconfirmed. In this background, it was not surprising to see adverse rulings and losses rationalized by attorneys as resulting from either “influence of opposing counsel” or “prejudice of the court.” However, the manner in which respondent conducted court proceedings invited such haphazard practices. There were several instances in which litigants were required to seek appellate relief from respondent’s abuse of their basic rights. The record is a catalog of acts that cannot do other than render suspect the administration of justice in the 37th Judicial Circuit.
Dismissal of cases without notice or upon the oral suggestion of one of the attorneys who happens to be in court, (the odds are that he is an in-circuit lawyer), can possibly lead some to infer judicial prejudice for local lawyers and against out-of-circuit lawyers. Dismissal of cases without notice, regardless of the alleged motive of “cleaning the docket,” and even though such cases may be reinstated, can prove most embarrassing to lawyers as officers of the court. Such practice shatters the faith of litigants in our system of justice. We need not elaborate on the proposition that respondent is held to know that ex parte orders should be used only in the rarest instances and with the greatest of caution.
The office of circuit judge is generally regarded as the highest public office at the local level of our government. Recent judicial reform increased its duties, responsibilities and importance. If returned to his office, respondent will become the “Presiding Judge” over all of the associate judges of the four county circuit.
The elected circuit judge of rural Missouri is a powerful political and social force in the community. The power and prestige of the office carries with it a commensurate duty and obligation. That duty and obligation is to conduct the office in accordance with the very highest ethical and judicial standards. It is his duty to be the leader of the local bar and to set its legal and ethical standards. It is in the trial courtroom that the public has its direct contact with the judicial system and that the public formulates its opinion as to the fairness and the integrity of the system.
It is with consideration for these factors that we should consider and determine the form of sanctions to be applied in cases such as the one presently before us.
I respectfully dissent as to the discipline ordered in the per curiam. It is not commensurate with the breach of duties and responsibilities which has occurred. Few, if any acts can destroy public confidence in our judicial system more quickly than failure to strictly adhere to rules and canons relating to disqualification of judges; the hearing of cases and dismissal of cases without notice; judges blatantly disregarding the mandates of superior courts; judges using the power and prestige of their office for personal benefit or gain; or failure of judges to adhere to the highest of standards in dealing with the rights and lives of minors and juveniles.
For the reasons stated, I would concur in and adopt the recommendation of the Commission on Retirement, Removal and Discipline that respondent be ousted.