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“While Judge Tanner has a long record of public service and has entered a plea of not guilty to the charge, if in fact he has committed a DUI, or is convicted of a lesser alcohol-related charge, it calls into question his judgment and his ability to serve as a District Court judge,” he said. Tanner was released from the Benton County jail Wednesday after his first appearance in court on the gross misdemeanor charge. He was not back on the bench Thursday, and it is unclear when he will return. Tanner has been in Position 1 with District Court since he first was appointed in 2009. His seat is up for election this year, with candidate filing in May. District Court judges handle all misdemeanor and gross misdemeanor cases, including DUI charges. McBurney described Tanner as “a nice guy,” but said it is troubling when a judge is charged with the same crime that often comes before him in his job. “In this case I have an issue where the alleged behavior of Judge Tanner impacts his role as a serving District Court judge and I think, yeah, someone has to step up and run against him,” he said. McBurney, admitted to the state bar in 1993, primarily deals with bankruptcy matters along with criminal defense and family law.
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