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Mississippi Commission on Judicial Performance v. Justice Court Judge R.R.2/11/1999
DATE OF JUDGMENT: February 24, 1998
COURT FROM WHICH APPEALED: MISSISSIPPI COMMISSION ONJUDICIAL PERFORMANCE
NATURE OF THE CASE: CIVIL - JUDICIALPERFORMANCE
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
EN BANC.
STATEMENT OF THE CASE
. The Mississippi Commission on Judicial Performance filed a formal complaint against Justice Court Judge R.R. on January 14, 1997, charging him with judicial misconduct in office and conduct prejudicial to the administration of Justice which brings the office into disrepute.
. A hearing was held on October 17, 1997. A commission committee found by clear and convincing evidence Judge R.R.'s conduct constituted willful misconduct in office and conduct prejudicial to the administration of Justice which brings the office into disrepute. Judge R.R. filed objections to the committee's findings. The full commission accepted the recommendation of the committee and voted unanimously that the committee's findings of fact and Conclusions of law be accepted and Judge R.R. should be publicly reprimanded for his actions and taxed with all costs. Judge R.R. lists the following assignments of error:
"I. THERE IS NOT CLEAR AND CONVINCING EVIDENCE THAT JUDGE R.R. VIOLATED CANONS 1, 2A, 2B, 3A(1), AND 3A(3) OF THE CODE OF JUDICIAL CONDUCT OF MISSISSIPPI JUDGES, OR SECTION 177A OF THE MISSISSIPPI CONSTITUTION OF 1890, AS AMENDED "II. THE COMMISSION DID NOT ALLOW WITNESSES TO BE EXAMINED CONCERNING MITIGATING FACTORS THE COMMISSION AND COURT MUST CONSIDER, AND DID NOT ALLOW CHARACTER WITNESSES TO TESTIFY "III. THE COMMISSION USED OTHER ABUSIVE AND OVERLY AGGRESSIVE TACTICS AND DID NOT FOLLOW ITS RULES"
FACTS OF THE CASE
. The Mississippi Commission on Judicial Performance filed a formal complaint against Justice Court Judge R.R. on January 14, 1997, charging him with willful misconduct in office and conduct prejudicial to the administration of Justice which brings the office into disrepute. The charge arose from a complaint filed by C.C., a deputy clerk in the Justice Court. A hearing was held before a three member panel on October 17, 1997.
. Count I alleged Judge R.R. committed sexual harassment against C.C.. Count II alleged inappropriate comments toward a member of the public, but was dismissed upon motion of the Commission. Count III alleged the conduct in Counts I & II constituted willful misconduct in office and conduct prejudicial to the administration of Justice.
. C.C.'s complaints seem to be grounded in four areas: Judge R.R.'s touching her shoulder; telling her about a sexual dream; conversations in the Justice court office about a pornographic video store in a nearby town; and comments about C.C.'s "checking out" the men in the office and "checking out" Judge R.R.. At the hearing, C.C. was not able to pinpoint the exact dates for any of the incidents though she repeatedly sought to associate the incidents as having taken place during a "fifth week" when no court was held.
A. Touching Incidents
. C.C. alleged Judge R.R. touched her on her shoulders several times in spite of being told by both C.C. and deputy clerk B.B. that C.C. did not like to be touched.
. Judge R.R. testified he touched C.C. at least once, possibly more, on the shoulder to get her attention and he probably touched other people in the office the same way for the same reason. He was unsure of the date of the touching and denied that either C.C. or deputy clerk B.B. ever told him C.C. did not like to be touched.
. Deputy clerk B.B., however, testified C.C. told her she did not l
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