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Mississippi Commission on Judicial Performance v. Justice Court Judge R.R.2/11/1999
character evidence and evidence of mitigating factors. Early in Judge R.R.'s testimony, his attorney questioned him about his election and his position in the community. Judge Wise sustained a relevancy objection and instructed Judge R.R.'s attorney that mitigating factors would only be considered at the punishment stage after the Commission had heard evidence relating to the incident in question.
. During the testimony of the state trooper, Judge R.R.'s attorney asked about Judge R.R.'s position in the community. Again Judge Wise prevented Judge R.R.'s attorney to bringing up evidence relating to the mitigating factors. Judge Wise stated that the panel would hear this type of evidence only at the punishment stage and not before.
. At the close of the hearing this exchange took place.
JUDGE WISE: "Now, I have some concerns about Ms. Covington's issue regarding the character of Judge R.R.. And I don't want this matter to be reversed on the fact that we didn't give you a chance to put it in any mitigating circumstances after the fact. Now that we've had this trial, in terms of anything that you would like for us to consider, you can do that through affidavits and you can do that through your proposed finding of facts and Conclusion of law in regard to Judge R.R.'s character." MS. COVINGTON: "Well, Your Honor, we did have two witnesses with us." JUDGE WISE: "Well, let's bring them on." MS. BUCKLEY: "Your Honor, might I say in response, I might have aggravating circumstances then." JUDGE WISE: "Okay. Let me see the lawyers at the bench for one minute." (Off the record Discussion.) JUDGE WISE: "Anything else we need to put on the record? If not, then we stand adjourned."
No evidence of character or mitigating factors was taken.
. Judge R.R. was entitled to present two character witnesses. See Commission on Judicial Performance Rule 8 D ("The Judge shall be limited to two (2) character witnesses who may testify at the formal hearing; he may submit the affidavits of any other character witnesses he deems appropriate."). From a review of the record, it appears Judge R.R. declined the invitation to present his two character witnesses at the Conclusion of the hearing for reason that were not stated.
. The seven mitigating factors applied to the evidence available in the record are:
"(1) The length and character of the Judge's public service. At the time of the hearing, Judge R.R. had served as Justice Court Judge for a year and ten months. In August 1996, Judge R.R. had served for seven months. "(2) Positive contributions made by the Judge to the courts and the community. Some evidence exists in the record that Judge R.R. served the community as a Little League Baseball coach and a church leader and that he was a community leader. "(3) The lack of prior judicial precedent on the incident in issue. As stated above, there is no Mississippi case that deals with this issue. "(4) Commitment to fairness and innovative procedural form on the part of the Judge. No evidence in the record exists on this point. "(5) The magnitude of the offense. A single incident during the week of August 12, 1996. "(6) The number of persons affected. Only C.C. was affected. "(7) Whether moral turpitude was involved. One instance of directing improper, sexually related comments to a subordinate, but nothing involving honesty." Atkinson, 645 So. 2d at 1336-37 (listing the above factors).
. The record shows Judge Wise did offer Judge R.R. an opportunity to introduce evidence at the end of the hearing. Because of Judge Wise's offer and the requirement of Judge R.R. to make a record, Judge R.R.'s claim he was not given an opportunity to present evid
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