 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Mississippi Commission on Judicial Performance v. A Municipal Court Judge2/3/2000
DATE OF JUDGMENT: 07/09/1999
COURT FROM WHICH APPEALED: COMPLAINT TRIBUNAL
NATURE OF THE CASE: CIVIL - JUDICIAL PERFORMANCE
DISPOSITION: PRIVATE REPRIMAND - 2/3/2000
EN BANC.
. This matter is before the Court on the recommendation of the Mississippi Commission on Judicial Performance to publicly reprimand a Municipal Court Judge.
I.
. On November 18, 1999, the Mississippi Commission on Judicial Performance, ("Commission") filed a formal complaint against a Municipal Court Judge ("Judge"). The complaint contained four counts for which the Commission argues that the Judge violated Section 177A of the Mississippi Constitution of 1890 through willful misconduct in office and conduct prejudicial to the administration of justice that brings the judicial office into disrepute. The Commission's complaint was based on the following incidents.
. On April 20, 1998, N.E. entered a guilty plea to the crime of DUI 2nd before the Judge. The Judge sentenced N.E. to six (6) months probation. The Judge further ordered, as a condition of N.E.'s probation, that N.E. get married within thirty (30) days of sentencing. The Judge later rescinded the order to marry on December 21, 1998.
. On June 23, 1998, F.C. pled guilty to the crime of DUI 1st. There, the Judge sentenced F.C. to a suspended sentence on the condition that he marry his girlfriend within sixty days of sentencing. On November 19, 1998, the Judge rescinded the order to marry.
. On September 25, 1998, R.C. entered a plea of guilty to the crime of simple assault before the Judge. The Judge ordered that R.C. be assessed certain fines, restitution, a 180 day suspended jail term and six months supervised probation. As a condition of the R.C. probation, R.C. and his victim were ordered by the Judge to be married within sixty days of sentencing. On December 21, 1998, the Judge rescinded the order to marry.
. On August 18, 1998, the Judge represented A.M. as a client. On August 17, 1998, the Judge in his official capacity as Municipal Court Judge, released A.M. on a $545 recognizance bond. Where the Judge was called at home about the bond, he did not inquire as to the name of the defendant and did not realize that he was setting bond for a client. The Judge later recused himself from the trial on the merits.
. On April 29, 1999, the Judge and the Commission entered an agreed statement of facts that included the above-mentioned incidents, which are in the Commission's Complaint. The Commission considered the agreed statement of facts in its determination as to the appropriate sanction for the Judge. The Commission found that the Judge's actions constituted willful misconduct. The Commission recommends that the Judge be publicly reprimanded and assessed the costs of the proceedings in the amount of $285.65.
. Both parties now await this Court's determination on the Commission's recommendation.
II.
. This Court's authority to decide issues of discipline pertaining to a judge's conduct is found in the Mississippi Constitution, which states in pertinent part as follows:
On the recommendation of the commission on judicial performance, the supreme court may remove from office, suspend, fine or publicly censure or reprimand any justice or judge of this state for: (a) actual conviction of a felony in a court other than a court of the State of Mississippi; (b) willful misconduct in office; (c) willful and persistent failure to perform his duties; (d) habitual intemperance in the use of alcohol or other drugs; or (e) conduct prejudicial to the administration of
Page 1 2 3 4 Mississippi DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|