COM'N ON JUDICIAL PERFORMANCE v. Sanford

941 So. 2d 209, 2006 Miss. LEXIS 623, 2006 WL 3026725
CourtMississippi Supreme Court
DecidedOctober 26, 2006
Docket2006-JP-00870-SCT
StatusPublished
Cited by66 cases

This text of 941 So. 2d 209 (COM'N ON JUDICIAL PERFORMANCE v. Sanford) 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. Sanford, 941 So. 2d 209, 2006 Miss. LEXIS 623, 2006 WL 3026725 (Mich. 2006).

Opinion

941 So.2d 209 (2006)

MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE
v.
John L. SANFORD.

No. 2006-JP-00870-SCT.

Supreme Court of Mississippi.

October 26, 2006.

*210 Luther T. Brantley, III, Darlene D. Ballard, attorneys for appellant.

G. David Garner, Raleigh, attorney for appellee.

EN BANC.

CARLSON, Justice, for the Court.

¶ 1. The Mississippi Commission on Judicial Performance (Commission) filed a Formal Complaint charging Covington County Southern District Justice Court Judge John L. Sanford with willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute, thus causing such alleged conduct to be actionable pursuant to the provisions of Miss. Const. art. 6, § 177A. In the end, the Commission and Judge Sanford submitted to us a joint motion for approval of a recommendation that Judge Sanford be publicly reprimanded and assessed with costs. We now conduct our mandated review of the Commission's recommendation consistent with Miss. Const., art. 6, § 177A, Miss. Comm'n on Jud. Perf. R. 10, M.R.A.P. 16(d), and our case law.

FACTS AND PROCEEDINGS BEFORE THE COMMISSION

¶ 2. In its formal complaint, the Commission alleged, inter alia, that on April 24, 2005, the Covington County Sheriff's Department charged and arrested a person for Driving Under the Influence, First Offense, and a court date was eventually set for the defendant to appear before Justice Court Judge John L. Sanford on August 3, 2005. The formal complaint further asserted:

A few days after the arrest, Dallas Springer, the arresting officer, was approached by the Covington County Sheriff, Roger Wood Speed, and advised that [Judge Sanford] wanted the charges against [the defendant] dismissed. Stringer was again approached by Sheriff Speed on August 2, 2005, and advised Stringer that [Judge Sanford] wanted him to be late for court the next day so that the charges against [the defendant] could be dismissed. Stringer stayed at the Sheriff's Department on August 3, 2005 until such time as the case was in fact dismissed by [Judge Sanford] and he subsequently attended court on the additional cases pending before [Judge Sanford] that day in which he was the arresting officer.

On this set of facts, the Commission charged Judge Sanford with violations of Canons 1, 2A, 2B, 3B(1), 3B(2), 3B(7), 3B(8) and 3E of the Mississippi Code of Judicial Conduct (Judicial Code). The Commission further asserted that Judge Sanford's alleged judicial misconduct was *211 actionable pursuant to the provisions of Miss. Const. art. 6, § 177A. The Commission dutifully complied with the provisions of Miss. Comm'n on Jud. Perf. R. 6C concerning proper notice to Judge Sanford, as well as informing Judge Sanford of his right to respond pursuant to Miss. Comm'n on Jud. Perf. R. 6D.

¶ 3. Within days of the filing of the formal complaint, Chancellor Patricia D. Wise, Chair of the Commission, appropriately entered an order appointing a three-person committee, consisting of certain Commission members, to conduct a formal hearing concerning the allegations contained in the formal complaint. See Miss. Comm'n on Jud. Perf. R. 8C, 8D. Thereafter, Judge Sanford, through counsel, filed an answer to the formal complaint wherein he generally denied the material allegations of the formal complaint. Upon Judge Sanford's filing of his response to the Commission's formal complaint, Chancellor Wise promptly entered a scheduling order providing for various deadlines for discovery and the filing of motions as well as a hearing date of February 10, 2006, at the Commission offices in Jackson.

¶ 4. However, in lieu of the formal hearing, the Commission and Judge Sanford ultimately reached an agreement which was memorialized by a duly filed Agreed Statement of Facts and Proposed Recommendation on February 27, 2006. We deem it important here to set out this agreement, verbatim, omitting only the formal introductory language:

1. This Agreed Statement of Facts and Proposed Recommendation is to be submitted in lieu of a hearing as provided for in Rule 8 of the Rules of the Commission.
PARTIES
2. The Commission is a body created pursuant to § 177A, Mississippi Constitution of 1890, as amended.
3. The Respondent is now and was at all times hereinafter mentioned, a Justice Court Judge, Southern District, Covington County, Mississippi.
4. The Commission has jurisdiction over the Respondent under the authority granted by § 177A of the Mississippi Constitution of 1890, as amended, applicable statutes, and the Rules of the Commission.
5. On November 1, 2005, the Mississippi Commission on Judicial Performance, hereinafter referred to as the "Commission" filed a Formal Complaint charging Respondent with judicial misconduct constituting wilful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute in violation of § 177A of the Mississippi Constitution of 1890, as Amended.
6. Thereafter, Respondent, through counsel, filed an answer to the Formal Complaint on November 30, 2005, admitting some factual allegations, but denying that his actions constituted judicial misconduct.
AGREED FACTS
7. April 24, 2005, the Covington County Sheriff's Department arrested [the defendant] on the charges of Improper Equipment and Driving Under the Influence, 1st offense. [The defendant's] court date was set for August 3, 2005.
8. A few days after the arrest, Dallas Stringer, the arresting officer, was approached by the Covington County Sheriff, Roger Wood Speed, and advised that Respondent wanted the charges against [the defendant] dismissed. Stringer was again approached by Sheriff Speed on August 2, 2005, and advised *212 Stringer that Respondent wanted him to be late for court the next day so that the charges against [the defendant] could be dismissed. Stringer stayed at the Sheriff's Department on August 3, 2005, until such time as the case was in fact dismissed by the Respondent and he subsequently attended court on the additional cases pending before Respondent that day in which he was the arresting officer.
9. By engaging in the above stated conduct, the Respondent violated Canons 1, 2A, 2B, 3B(1), 3B(2), 3B(7), 3B(8), and 3E of the Code of Judicial Conduct of Mississippi.
10. By engaging in the above stated conduct the Respondent has also violated § 177A of the Mississippi Constitution of 1890, as amended, as said conduct constitutes willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute.
PROPOSED RECOMMENDATION
11. Counsel for the Commission and the Respondent hereby propose that, for the conduct as agreed upon and set forth above, that the Respondent be publicly reprimanded, and that he be assessed costs in the sum of $100.00 pursuant to § 177A of the Mississippi Constitution of 1890, as amended.

¶ 5. The minutes of the Commission meeting of March 10, 2006, reveal that the Commission, by a unanimous vote, accepted and adopted the joint agreed statement of facts with the proposed recommendation that Judge Sanford be publicly reprimanded and assessed costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mississippi Commission on Judicial Performance v. Judge Frank Sutton
275 So. 3d 1062 (Mississippi Supreme Court, 2019)
Mississippi Commission on Judicial Performance v. Judge Jesse Burton
268 So. 3d 565 (Mississippi Supreme Court, 2019)
Mississippi Commission on Judicial Performance v. Mary H. Curry
249 So. 3d 369 (Mississippi Supreme Court, 2018)
Mississippi Commission on Judicial Performance v. Shoemake
191 So. 3d 1211 (Mississippi Supreme Court, 2016)
Mississippi Commission on Judicial Performance v. Littlejohn
172 So. 3d 1157 (Mississippi Supreme Court, 2015)
Mississippi Commission on Judicial Performance v. Thompson
169 So. 3d 857 (Mississippi Supreme Court, 2015)
Mississippi Commission on Judicial Performance v. Darby
143 So. 3d 564 (Mississippi Supreme Court, 2014)
Mississippi Commission on Judicial Performance v. Harris
131 So. 3d 1137 (Mississippi Supreme Court, 2013)
Mississippi Commission on Judicial Performance v. Fowlkes
121 So. 3d 904 (Mississippi Supreme Court, 2013)
Mississippi Commission on Judicial Performance v. Skinner
119 So. 3d 294 (Mississippi Supreme Court, 2013)
Mississippi Commission on Judicial Performance v. Carver
107 So. 3d 964 (Mississippi Supreme Court, 2013)
Mississippi Commission on Judicial Performance v. Smith
78 So. 3d 889 (Mississippi Supreme Court, 2011)
Mississippi Commission on Judicial Performance v. Bustin
71 So. 3d 598 (Mississippi Supreme Court, 2011)
Mississippi Commission on Judicial Performance v. Little
72 So. 3d 501 (Mississippi Supreme Court, 2011)
Mississippi Commission on Judicial Performance v. Cowart
71 So. 3d 590 (Mississippi Supreme Court, 2011)
Mississippi Commission on Judicial Performance v. McGee
71 So. 3d 578 (Mississippi Supreme Court, 2011)
Mississippi Commission on Judicial Performance v. McKenzie
63 So. 3d 1219 (Mississippi Supreme Court, 2011)
Mississippi Commission on Judicial Performance v. Dearman
66 So. 3d 112 (Mississippi Supreme Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
941 So. 2d 209, 2006 Miss. LEXIS 623, 2006 WL 3026725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/comn-on-judicial-performance-v-sanford-miss-2006.