In re: Complaint of Benjamin J. Marchant vs.Judge Durwood G. Moore
By a "public censure notice" dated 1 May 2009, the Tennessee Court of the Judiciary publicly censured Judge Durwood G. Moore for violating "the constitution due process rights to privacy and freedom" of a Mr. Marchant.
The censure notice did not make clear what the unfortunate Mr. Marchant was doing before he attracted the attention of the judge. He was obviously just in court to as a "citizen observer" and to give a friend a ride home and was neither "a litigant, a defendant or a person who had business before the Court".
Apparently, again for reason for disclosed by the censure notice, at the order of the judge, Mr. Merchant was taken into custody and given a urine test for drug! The test result was negative.
The censure notice said that the ordering of the seizure of Mr. Marchant and the testing were illegal and there was no statutory or constitutional basis for the judge's conduct.
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