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IN RE: INQUIRY CONCERNING COUNTY COURT JUDGE KELLY COLLINS11/25/1987 fice had issued tickets to each of the aforementioned defendants for a blood alcohol reading of .10 or greater immediately preceding respondents imposition of the reckless driving fines. There are no records of the disposition of the DUI charges. See Mississippi Code Annotated, Section 63-9-17 (Supp. 1936).
The Commission was correct in its finding that by engaging in this course of conduct Judge Collins had violated Canons 1, 2A, 2B, 3A(1), 3B(1), and 3B(2) of the Code of Judicial Conduct of Mississippi Judges. The aforementioned Canons are as follows:
CANON 1
A Judge Should Uphold the Integrity and Independence of the Judiciary.
An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing, and should himself observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved. The provisions of this Code should be construed and applied to further that objective.
CANON 2
A Judge Should Avoid Impropriety and the Appearance of Impropriety in All His Activities.
(A) A judge should respect and comply with the law and should conduct himself at all times in a manner that promotes
public confidence in the integrity and impartiality of the judiciary.
(B) A judge should not allow his family, social, or other relationships to influence his judicial conduct or judgment. He should not lend the prestige of his office to advance the private interest of others; nor should he convey or permit others to convey the impression that they are in a special position to influence him. He should not testify voluntarily as a character witness.
CANON 3
A Judge Should Perform the Duties of His Office Impartially and Diligently.
The judicial duties of a judge take precedence over all his other activities. His judicial duties include all the duties of his office prescribed by law. In the performance of these duties, the following standards apply:
A. Adjudicative Responsibilities.
(1) A judge should be faithful to the law and maintain professional competence in it. He should be unswayed by partisan interests, public clamor, or fear of criticism.
B. Administrative Responsibilities.
(1) A judge should diligently discharge his administrative responsibilities, maintain professional competence in judicial administration, and facilitate the performance of the administrative responsibilities of other judges and court officials.
(2) A judge should require his staff and court officials subject to his direction
and control to observe the standards of fidelity and diligence that apply to him.
For the aforementioned offenses the Commission recommends that Judge Collins be issued a public reprimand. Judge Collins has assured the Commission that he will familiarize himself with all statutory record keeping requirements and that he will fully comply with all such requirements in the future. As to the excessive fines being charged, Judge Collins avers that it was done in ignorance of the statutory requirements, and further that he received no personal profit or gain. Ignorance, however, is no excuse and surely, in the use of county prisoners, there was some personal gain on the Judge's behalf.
The Commission submits that the facts presented to this Court by this complaint are somewhat unique in that a Judge's private use of prisoners represents a case of first impression in the field of judicial discipline. Judge Collins' administra
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