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Mississippi Commission on Judicial Performance v. Brown6/8/2000
DATE OF JUDGMENT: 09/15/1999
COURT FROM WHICH APPEALED: COMMISSION ON JUDICIAL PERFORMANCE
NATURE OF THE CASE: CIVIL - JUDICIAL PERFORMANCE DISPOSITION: PUBLIC REPRIMAND; $500 FINE AND COSTS OF $407.75 - 06/08/2000
EN BANC.
. This matter is before the Court on a recommendation filed by the Mississippi Commission on Judicial Performance (hereinafter the "Commission") to fine and publicly reprimand A.L. (Bud) Brown, a Winston County Justice Court Judge. This recommendation is granted, and as such, Judge Brown is publicly reprimanded and fined $500. This public reprimand shall be forwarded to the Circuit Court of Winston County to be read in open court on the first day of the next court term by the presiding circuit court judge with Judge Brown present.
PROCEDURAL HISTORY
. On April 5, 1999, the Commission filed a formal complaint against Judge Brown. The complaint contained three counts which charged that Judge Brown violated, through willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute, Canons 1, 2A, and 2B of the Code of Judicial Conduct of Mississippi Judges, Rule 1.05 of the Uniform Rules of Justice Court, and Section 177A of the Mississippi Constitution of 1890. The Commission held a hearing on June 11, 1999, where it determined that Judge Brown had violated these standards of judicial conduct and recommended that this Court issue him a public reprimand, a $500 fine and order him to pay all costs.
FACTS
. The Commission found by clear and convincing evidence presented at the hearing on June 11, 1999, that on the November 18, 1994, Judge Brown's son, Alex Brown, Jr., was arrested for DUI. Judge Brown called the judge assigned to the case, Noxubee County Justice Court Judge Sherlene Boykin, and asked for her help in getting the DUI dismissed. Judge Brown also contacted the arresting officer, John Harris, on numerous occasions both before initial trial and throughout his son's appeal.
. Officer Harris testified that on November 18, 1995, he was called to the scene of a one-vehicle accident. A white pickup was wedged in some bushes off the road. Alex Brown, the driver, was arrested for DUI. At the station, Alex called his father who asked to speak to Officer Harris. Judge Brown told the officer that his son had not had anything to drink, and he was coming over. Subsequent to that evening, Judge Brown called Officer Harris several times inquiring whether there was there any way Harris could help his son in reference to the DUI.
. Alex Brown was convicted of DUI on March 7, 1995, in the Noxubee County Justice Court. After the trial was over, Officer Harris alleged that Judge Brown was upset and threatened to kill Harris. Harris responded "not if I kill you first."
. Mississippi Highway Patrol Master Sergeant Billy Joe Mahaffey testified that after the initial DUI trial, Judge Brown called him several times to arrange meetings between Judge Brown and Officer Harris. Mahaffey testified that, " he first one was wanting to get together because they thought there was hard feelings between him and Officer Harris, that they wanted to have a meeting to iron out their differences . . . ." Mahaffey arranged a second meeting at County Attorney Ricky Walker's office in Macon with Walker, Harris and Alex Brown's attorney, Jyles Eaves.
. Justice Court Judge Sherlene Boykin testified that prior to Alex Brown's DUI trial Judge Brown called her several times and that on each occasion mentioned his son's pending DUI trial.
. At the hearing, Judge Brown testified in his
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