 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Mississippi Commission on Judicial Performance v. Williams8/19/2004
contributions made to the courts and community by the judge, the fact that there is no prior judicial precedent of the issue in question, a judge's commitment to fairness and innovative procedural reform, the magnitude of the alleged misconduct, and the number of persons who have been affected by the misconduct, and whether the misconduct involved moral turpitude. Miss. Jud. Performance Comm'n v. Hopkins, 590 So.2d 857, 862 (Miss. 1991). Judge Williams made no submission related to any of these factors.
. The Mississippi Constitution provides that the Court may remove from office, suspend, fine or publicly censure or reprimand any judge of this state for "willful misconduct in office;... conduct prejudicial to the administration of justice which brings the judicial office into disrepute." Miss. Const. art. 6, § 177A. This Court may also assess judges costs. Miss. Comm'n on Jud. Performance v. Russell, 724 So.2d 873, 874 (Miss. 1998). Often the sanction for "fixing" tickets is a public reprimand, fine, and assessment of costs. See generally Miss. Comm'n on Jud. Performance v. Warren, 791 So.2d 194 (Miss. 2001); Miss. Comm'n on Jud. Performance v. Boykin, 763 So.2d 872 (Miss. 2000); Miss. Comm'n on Jud. Performance v. Bowen, 662 So.2d 551 (Miss. 1995); Miss. Comm'n on Jud. Performance v. Gunn, 614 So.2d 387 (Miss. 1993). See also Miss. Comm'n on Jud. Performance v. Warren, 791 So.2d 194 (Miss. 2001).
. Although there are unanswered questions regarding the mitigating facts in this case, we accept the recommendation before us, because it comes to us as an agreed recommendation. Judge Williams was represented by counsel, as was the Commission. There is nothing before us to indicate a need to set aside that agreement.
CONCLUSION
. This Court is vested with broad discretion in determining whether to accept the agreement of the Commission and the judge regarding the appropriate discipline to be imposed. It is undisputed that Judge Williams and the Commission agreed upon the imposition of a public reprimand, a $228.50 fine which represents the amount of fines that would have been imposed in the three speeding cases, and costs of $100. The discipline imposed on Judge Williams is proportional with that imposed in similar cases, and this Court accepts the recommendation of the Commission and Judge Williams. The public reprimand order shall be forwarded to the Jefferson County Circuit Court to be read by the presiding circuit court judge, in open court with Judge Williams present on the first day of the next court term, after this decision becomes final.
. JEFFERSON COUNTY JUSTICE COURT JUDGE WINDELL WILLIAMS SHALL BE PUBLICLY REPRIMANDED IN OPEN COURT BY THE PRESIDING JUDGE OF THE JEFFERSON COUNTY CIRCUIT COURT ON THE FIRST DAY OF THE NEXT TERM OF THAT COURT AFTER THIS DECISION BECOMES FINAL, SHALL PAY A FINE OF $228.50, AND SHALL PAY THE COSTS OF THIS PROCEEDING OF $100.00.
SMITH, C.J., WALLER, P.J., EASLEY, CARLSON, GRAVES, DICKINSON AND RANDOLPH, JJ., CONCUR.
DIAZ, J., NOT PARTICIPATING.
Page 1 2 3 Mississippi DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|