JC JUDGE RELEASED FROM JAIL; ACCEPTS INTERIM SUSPENSION

Lawrence County Justice Court Judge Robert "Bobby" Fortenberry was
released from jail Thursday, the same day he was suspended from his
job pending the outcome of drug possession charges against him.

The state Commission on Judicial Performance recommended the interim
suspension, and Fortenberry, 46, of New Hebron, has accepted it with
pay, said his attorney Joe Fernald.

"He has stepped down in the interest of mounting a defense and with
not one scintilla of thought of using his office for influence in this
case," Fernald said Thursday during a bond reduction hearing.

Fortenberry had been in jail since his March 26 arrest in Brookhaven
on charges of possession of crystal methamphetamine with intent to
distribute and conspiracy. He had been unable to post a $1 million
bond, which was later reduced to $300,000, set by Lincoln County
Circuit Court Judge Mike Smith earlier.

However, Amite County Justice Court Judge Roger Arnold on Thursday
modified Fortenberry's bond so that he could be freed after posting
$30,000 instead of $300,000.

Arnold was named to preside over the case after the defense filed a
motion asserting that circuit court did not have jurisdiction
regarding bonds and preliminary hearing matters. Lincoln County
Circuit Court Judge Keith Starrett granted the motion April 20,
according to court documents.

Lincoln County Justice Court Judges Judy Martin and B.J. Price recused
themselves from the case earlier.

Conditions of Fortenberry's bond are that he is to have no contact
with the Lawrence County Justice Court. Also, neither he nor any of
his family members, friends or supporters are to have any contact with
witnesses in the case.

Arnold warned Fortenberry that not talking about the case in a small
town like Monticello would be difficult. However, the judge said
Fortenberry should tell people to "back off" if he's asked about the
case.

"It may be hard to refuse (to talk), but it's certainly to protect
you," Arnold said.

In a letter to the commission, Fortenberry said he is innocent of the
charges against him and that he planned to mount a vigorous defense.
In accepting the suspension, Fortenberry also said he wanted to avoid
any actions that would create the appearance of impropriety by hearing
cases while the allegations are pending.

"Further, I intend to devote my entire time and effort to preparing my
defense to these spurious allegations which would prevent me from
providing the necessary time to hear cases before justice court,"
Fortenberry said.

A date for a preliminary hearing in the case has not been set. At the
hearing, Arnold will decide whether the case should be bound over for
presentation to the grand jury.