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 Constitution *842 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