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Mississippi Commission on Judicial Performance v. Jones4/15/1999
Judge Jones presented witnesses in the proceedings below, each of whom testified that Judge Jones is a fair and well respected Judge.
(5) The magnitude of the offense.
The conduct at issue in this case is the improper reduction of DUI offenses. Moreover, Mississippi law clearly defined the limits of the Justice court Judge's authority.
(6) The number of persons affected.
Five individuals had their DUI offenses improperly reduced.
(7) Whether moral turpitude was involved.
Moral turpitude was not involved in this case.
. The Commission contends that it is no novice to the consideration of improper judicial Disposition of alcohol-related cases, having had far too many opportunities to consider improprieties in such cases at the Justice court level. Further, the Commission contends that the precedent is substantial.
. Since Judge Jones has not previously been subject to formal disciplinary charges, the Commission argues that Judge Jones should be publicly reprimanded for misconduct in office. Additionally, that Judge Jones' actions deprived Webster County, Mississippi of fine monies, the Commission argues that a fine of $1500.00 be levied against Judge Jones and also pay all costs associated with the prosecution of this inquiry in the amount of $1,485.99.
. We agree with the Commission. Having weighed each factor, public reprimand is warranted. This Court has upheld public reprimands for improperly reducing DUI charges. See Mississippi Comm'n on Judicial Performance v. Emmanuel, 688 So.2d 222 (Miss. 1996).
CONCLUSION
. The facts in this case were uncontroverted. As a result, Judge Jones either knew or should have known that his actions were in excess of the jurisdiction conferred upon him as a Justice court Judge. Based on the magnitude of the conduct, Judge Jones engaged in willful misconduct in office or conduct which is prejudicial to the administration of Justice which brings the judicial office into disrepute. It should be noted that Judge Jones accepts the recommendations filed by the Commission. Accordingly, the recommendation of public reprimand is affirmed and that the reprimand be read in open Circuit Court. Furthermore, Judge Jones is fined $1,500 and taxed with all costs of the Mississippi Commission on Judicial Performance proceedings in the amount of $1,485.99.
. JERRY JONES, JUSTICE COURT JUDGE, IS HEREBY PUBLICLY REPRIMANDED, TO BE READ IN OPEN CIRCUIT COURT, FINED $1,500.00, AND TAXED WITH ALL COSTS OF THE MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE PROCEEDINGS IN THE AMOUNT OF $1,485.99.
PRATHER, C.J., SULLIVAN AND PITTMAN, P.JJ., BANKS, MILLS, WALLER AND COBB, JJ., CONCUR. McRAE, J., NOT PARTICIPATING.
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