COM'N ON JUDICIAL PERFORMANCE v. Justice Court Judge TT

922 So. 2d 781, 2006 Miss. LEXIS 97, 2006 WL 490112
CourtMississippi Supreme Court
DecidedMarch 2, 2006
Docket2005-JP-01660-SCT
StatusPublished
Cited by11 cases

This text of 922 So. 2d 781 (COM'N ON JUDICIAL PERFORMANCE v. Justice Court Judge TT) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
COM'N ON JUDICIAL PERFORMANCE v. Justice Court Judge TT, 922 So. 2d 781, 2006 Miss. LEXIS 97, 2006 WL 490112 (Mich. 2006).

Opinion

922 So.2d 781 (2006)

MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE
v.
JUSTICE COURT JUDGE T.T.

No. 2005-JP-01660-SCT.

Supreme Court of Mississippi.

March 2, 2006.

*782 Luther T. Brantley, III, Darlene D. Ballard, attorneys for petitioner.

James W. Nobles, Jr., Jackson, Joseph P. Durr, Hazlehurst, attorneys for respondent.

EN BANC.

SMITH, Chief Justice, for the Court.

¶ 1. On October 20, 2004, the Mississippi Commission on Judicial Performance (Commission) filed a formal complaint charging, Justice Court Judge T.T., Lincoln County, Mississippi with judicial misconduct in violation of Section 177A of the Mississippi Constitution. The allegation of misconduct arose out of Judge T.T.'s sentencing of an individual during a case involving the unlawful headlighting of deer. Following a hearing, the Commission presented its findings of fact and conclusions of law. In its findings, the Commission determined that Judge T.T. was in violation of Canons 1, 2(A), and 3(B)(2) of the Code of Judicial Conduct.

¶ 2. The Commission now recommends to this Court that Judge T.T. be publicly reprimanded; assessed the costs of this proceeding; become familiar with this Court's opinion in In re Bailey, 541 So.2d 1036 (Miss.1989); and be required to set aside and correct the improper sentence. We agree with the Commission's recommendations that Judge T.T. set aside and correct the improper sentence, be assessed the costs of this proceeding, and become familiar with In re Bailey. However, rather than imposing a public reprimand as the Commissions suggests, we find a private reprimand is appropriate in this case.

FACTS AND PROCEDURAL HISTORY

¶ 3. In April 2004, a minor appeared before Judge T.T. on a charge of unlawful headlighting of deer, in violation of Miss. *783 Code Ann. Section 49-7-95. The minor defendant agreed to a plea bargain offered by the Lincoln County Prosecuting Attorney. The plea agreement consisted of a fine of $1,500 and a suspension of all hunting privileges for six months from the date of the agreement. In accordance with the county prosecutor's recommendation, Judge T.T. accepted the plea agreement and sentenced the defendant according to the terms of the agreement.

¶ 4. Subsequently, the Commission filed a complaint against Judge T.T. charging judicial misconduct. The Commission informed Judge T.T. that headlighting is a Class I violation and called Judge T.T.' s attention to Miss.Code Ann. Section 49-7-141, which requires Class I violations be punishable by a fine of "not less than Two Thousand Dollars ($2,000.00)," "imprison[ment] in the county jail for five (5) days," and "the person shall forfeit all hunting . . . privileges for a period of not less than twelve (12) consecutive months from the date of conviction."

¶ 5. After the Commission filed its complaint against Judge T.T., the county prosecutor realized the plea agreement he recommended was in violation of the statute. The county prosecutor took responsibility for the misunderstanding and subsequently submitted a $500 personal check to Lincoln County for the difference between the fine actually assessed ($1,500) and the fine required ($2,000) by the statute.

¶ 6. On May 27, 2005, a Commission tribunal consisting of Circuit Court Judge Lee L. Howard, Justice Court Judge John Shirley, and Ms. Margarett Barnes heard the complaint in this matter. Approximately one month after the hearing, the Commission released its findings of fact, conclusions of law and recommendation.

¶ 7. The Commission determined Judge T.T. did not act with malice or improper motives. The Commission propounded that ignorance of the law does not exonerate Judge T.T.'s actions, but it may be considered as a mitigating circumstance. Further, the Commission concluded Judge T.T. violated Canons 1, 2(A), and 3(B)(2) of the Code of Judicial Conduct. The Commission recommended Judge T.T. receive a public reprimand; be assessed the costs of Commission hearing in the amount of $598.98; become familiar with the requirements in In re Bailey, 541 So.2d 1036 (Miss.1989); and be required to take appropriate action to set aside and correct the improper sentence.

STANDARD OF REVIEW

¶ 8. "This Court conducts a de novo review of judicial misconduct proceedings, giving great deference to the findings, based on clear and convincing evidence, of the Mississippi Judicial Performance Commission." Mississippi Comm'n on Judicial Performance v. Vess, 692 So.2d 80, 83 (Miss.1997) (citing Mississippi Comm'n on Judicial Performance v. Gunn, 614 So.2d 387, 389 (Miss.1993)). "Even though the Commission's findings are considered, this Court is not bound by the findings and additional sanctions may be imposed." Mississippi Comm'n on Judicial Performance v. Warren, 791 So.2d 194, 196-97 (Miss.2001) (citing Mississippi Comm'n on Judicial Performance v. Whitten, 687 So.2d 744, 746 (Miss.1997)). Further, this Court "may accept, reject, or modify, in whole or in part, the findings and recommendation of the Commission."[1]

DISCUSSION

I. WHETHER JUDGE T.T.'S CONDUCT CONSTITUTES WILLFUL *784 MISCONDUCT IN OFFICE THAT WAS PREJUDICIAL TO THE ADMINISTRATION OF JUSTICE, WHICH BRINGS THE JUDICIAL OFFICE INTO DISREPUTE, IN VIOLATION OF SECTION 177A OF THE MISSISSIPPI CONSTITUTION OF 1890, AS AMENDED.

¶ 9. The Commission argues Judge T.T. committed willful judicial misconduct when the judge accepted a plea agreement that did not comply with mandatory sentencing as the statute required. Conversely, Judge T.T. argues the conduct at issue was neither willful, intentional, nor in bad faith or gross disconcern or indifference for judicial duties.

¶ 10. Regarding the definition of willful misconduct, this Court has previously held:

Willful misconduct in office is the improper or wrongful use of power of his office by a judge acting intentionally or with gross unconcern for his conduct and generally in bad faith. It involves more than an error of judgment or a mere lack of diligence. Necessarily, the term would encompass conduct involving moral turpitude, dishonesty, or corruption, and also any knowing misuse of the office, whatever the motive. However, these elements are not necessary to a finding of bad faith. A specific intent to use the powers of the judicial office to accomplish a purpose which the judge knew or should have known was beyond the legitimate exercise of his authority constitutes bad faith . . .
Willful misconduct in office of necessity is conduct prejudicial to the administration of justice that brings the judicial office into disrepute. However, a judge may also, through negligence or ignorance not amounting to bad faith, behave in a manner prejudicial to the administration of justice so as to bring the judicial office into disrepute. In re Anderson, 412 So.2d 743, 745 (Miss. 1982) (quoting In re Nowell, 293 N.C. 235, 237 S.E.2d 246, 255 (1977) (emphasis in original)); see also In re Garner, 466 So.2d 884, 885 (Miss.1985); In re Stewart, 490 So.2d 882, 884 (Miss.1986); In re Collins, 524 So.2d 553 (Miss.1987). Moreover, this Court can generally recognize examples of such conduct when presented before the Court. Anderson, 412 So.2d at 752 (Hawkins, J., specially concurring).

Mississippi Comm'n on Judicial Performance v. Franklin, 704 So.2d 89, 92 (Miss. 1997).

¶ 11. In the matter at hand, Judge T.T.

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Bluebook (online)
922 So. 2d 781, 2006 Miss. LEXIS 97, 2006 WL 490112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/comn-on-judicial-performance-v-justice-court-judge-tt-miss-2006.