WSMV Channel 4 Questions raised over investigation into divorce hearing

A Channel 4 I-Team investigation has found a Memphis judge never disclosed during a divorce proceeding that his staff had police investigate the woman at the center of the divorce because the staff feared she had threatened to kill the judge.

Judge Jerry Stokes continued to rule during the case, despite a state law that reads a judge shall disqualify himself if his impartiality is reasonably questioned.

According to police records, Stokes even considered recusing himself from the case, but ultimately decided not to recuse himself.

Danielle Malmquist, a former Nashville resident, is the woman Stokes' clerk feared had plans to kill the judge.

But Malmquist had no idea about any of it until after the judge had already ruled in her divorce.

According to Memphis police reports, the judge's clerk heard from a detective working for Malmquist's estranged husband that Malmquist had plans for Stokes and she was going to find someone to kill him.

So the clerk filed a police report and investigators began looking into the alleged threat.

Police spoke to the judge - and indicated in internal reports - that Stokes was considering recusing himself.

Police ultimately found the claim of a threat was baseless and dropped the case.

"Did you ever threaten this judge?" asked WSMV chief investigative reporter Jeremy Finley.

"Never," Malmquist said.

"Did you ever say anything that would have made him think you intended to cause him harm?" Finley asked.

"No, I did not," Malmquist said.

Malmquist said she even remembered during one hearing that Stokes asked her to remove her coat.

In court filings, Malmquist's attorney later wrote that his client believes the judge feared Malmquist was hiding a weapon of some sort.

"He let our court proceedings go on without ever disclosing this fact to me," Malmquist said.

Malmquist feels the judge should have recused himself, based on a state law that reads: "A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might be reasonably questioned ... and if the judge has a personal bias or prejudice concerning a party."

"I feel like he was biased against me, because, in the back of his mind, he thought that I had made this alleged threat," Malmquist said.

After the discovery of the police report, Malmquist's attorney filed a motion asking the judge to recuse himself, citing that the judge was biased against her not only because of the police investigation.

Malmquist even testified before a Tennessee House Committee in 2007 and 2008, criticizing  Stokes and the court system.

Ultimately, it was Stokes himself who ruled on whether or not he should have recused himself.

According to court transcripts, Stokes said he looked at the threat with skepticism, that his deputy requested Malmquist take off her coat but it had nothing to do with the alleged threat remarks and that there was no rivalry between him and Malmquist.

According to the transcripts, he said, "Nothing I've done in this case warrants me to recuse myself from hearing further matters in this case."

"It made me lose faith in the judiciary. It made me lose faith that we're all afforded a fair and impartial trial," Malmquist said.

Stokes never returned Channel 4's call for comment.

Malmquist's attorney has filed a motion with the state court of appeals, trying to force Stokes to recuse himself. A hearing on that matter is set for August.

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