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Mississippi Commission on Judicial Performance v. Jones4/15/1999
DATE OF JUDGMENT: 11/13/98
COURT FROM WHICH APPEALED: MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE
NATURE OF THE CASE: CIVIL - JUDICIAL PERFORMANCE
DISPOSITION: PUBLIC REPRIMAND- 04/15/1999
EN BANC.
. On September 30, 1997, the Mississippi Commission on Judicial Performance filed a formal complaint charging Judge Jerry Jones, Justice Court Judge, District One, Webster County, Mississippi, with judicial misconduct. The allegations of misconduct arise from the improprieties involving alcohol-related cases pending before the court during 1997. The Commission found that Judge Jones violated Section 177A of the Mississippi Constitution of 1890 as amended, and the judicial canons because of his wilful misconduct in reducing DUI charges in violation of the statutes.
. We agree with the Commission. Judge Jones' wilful conduct in reducing DUI charges amounts to a violation of Section 177A of the Mississippi Constitution of 1890, as amended and judicial canons 1, 2A, 2B, and 3A(1) of the Mississippi Code of Judicial Conduct. Judge Jones shall be publicly reprimanded, fined $1,500, and shall pay all costs associated with this case in the amount of $1,485.99. Mississippi Comm'n on Judicial Performance v. Russell, 724 So.2d 873 (Miss. 1998).
STATEMENT OF FACTS
. This matter appeared for trial before a three-Judge panel of the Mississippi Commission on Judicial Performance. A hearing was held before the panel on May 13, 1998. On October 13, 1998 the panel filed its Findings of Fact and Conclusions of Law. On October 26, 1998 the Respondent filed his Objections to the Panel's Opinion.
. The formal complaint against Judge Jones contains six counts alleging official improprieties relating to his handling of alcohol-related cases pending in his court during 1997. The Commission found that Jones engaged in a pattern of conduct wherein he sanctioned the reduction of DUI second offense charges to DUI first-offense which occurred on three occasions. Further, Jones sanctioned reduction of DUI cases to unrelated crimes of "disorderly conduct." Also the Commission found that the cumulative effect of Jones' conduct constituted willful official misconduct and conduct prejudicial to the administration of Justice which brings the judicial office into disrepute as set forth in Section 177A of the Mississippi Constitution of 1890, as amended. In addition, the Commission found that Judge Jones' actions with reference to these cases deprived Webster County of fine monies which would have been mandatory had Judge Jones followed the sentencing laws relating to DUI cases.
. The Commission found Judge Jones guilty of misconduct on all six counts. The Commission recommends to this Court that Judge Jerry Jones be publicly reprimanded for misconduct in the office. In addition, the Commission recommended that a fine of $1500.00 be levied against Judge Jones and that Judge Jones pay all costs associated with the prosecution of this matter, in the amount of $1,485.99.
. On January 5, 1999, the Commission filed its Motion For Approval of Recommendations and Memorandum in Support of its Motion For Approval. On January 7, 1999, Judge Jones filed his Response of the Motion. In his response Judge Jones, while not in agreement with the findings and Conclusions reached by the Commission, accepted the recommendations filed by the Commission.
STANDARD OF REVIEW
. The appropriate standard of review for a judicial disciplinary proceeding is derived from Rule 10(E) of the Rules of the Mississippi Commission on Judicial Performance which provides:
"Based upon a revie
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