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Mississippi Commission on Judicial Performance v. Justice Court Judge1/2/2003
DATE OF JUDGMENT: 7/3/2002
NATURE OF THE CASE: CIVIL - JUDICIAL PERFORMANCE
DISPOSITION: PRIVATE REPRIMAND
EN BANC.
PROCEDURAL HISTORY
. On August 15, 2001, the Mississippi Commission of Judicial Performance ("Commission") filed a formal complaint against Justice Court Judge S.S. (Judge), alleging judicial misconduct in violation of Article 6, § 177A Mississippi Constitution of 1890, as amended. The Judge filed an answer to the formal complaint on September 18, 2001.
. The Commission's Finding of Facts and Recommendation was filed with this Court on July 12, 2002. Specifically, the Commission found that the Judge's conduct violated Canons 1, 2A, 2B, 3A(1), and 4 of the Code of Judicial Conduct of Mississippi Judges. The Commission failed to find any proof that the Judge violated Canon 3C1. Furthermore, the Commission found that proof presented that the Judge violated Canons 5A, 5B and 7A(4) did not rise to the level of proof of a political violation by clear and convincing proof. The Commission found that the Judge's behavior constituted willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute pursuant to Section 177A of the Mississippi Constitution of 1890, as amended. The Commission recommended to the Court that the Judge be publicly reprimanded and assessed the costs of this proceeding in the amount of $718.40.
FACTS
. The Facts and Recommendation adopted by the Commission were submitted to this Court. The Judge admitted that he was a member of a county concerned citizens association. As a member of the association, the Judge participated in writing a petition and getting the petition typed. The Judge's participation in drafting the petition was not done in his official capacity as justice court judge. The petition requested the removal of a Deputy Sheriff from the County Sheriff's Office citing (1) disrespect to the black community, (2) violation of civil rights of black citizens, and (3) little or no law enforcement training. The Judge denied any involvement in signing or circulating the petition. The petition was prepared some time after the Deputy had stopped the Judge for speeding and requested a field sobriety test. The Judge also had complained to the highway patrol of the conduct of the highway patrolman who stopped him with the Deputy.
. Between the time the Judge helped formulated the petition and the complaint being filed against the Judge, the Judge heard cases that involved the Deputy. The Judge testified that he heard three cases that had the Deputy's name listed as the law enforcement officer. The Judge testified that he considered that once a law enforcement officer made a complaint, the law enforcement officer was only a witness.
. One of the three cases was bound over to the grand jury, and one was a DUI where the person pled guilty by an agreement between the defendant's attorney and the Deputy and was assessed a fine. The Judge testified that in each case that the Deputy was an affiant, an agreement was presented to the court between the prosecutor and the defense. The Judge agrees that his conduct was an effort to improve law enforcement in the County and did not amount to willful misconduct of office. The Deputy testified that he had not been adversely affected by the petition. The Deputy also stated that he was not aware of the petition ever being presented to his boss, the Sheriff.
. The Commission found that the Judge violated Canons 1, 2A, 2B, 3A(1) and 4, as follows:
Canon 1 was violated by Judge S.S.'s failure to uphold the integrity and
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