MISS. COM'N ON JUD. PERFORMANCE v. Gordon

955 So. 2d 300, 2007 WL 1288788
CourtMississippi Supreme Court
DecidedMay 3, 2007
Docket2006-JP-01452-SCT
StatusPublished
Cited by32 cases

This text of 955 So. 2d 300 (MISS. COM'N ON JUD. PERFORMANCE v. Gordon) 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
MISS. COM'N ON JUD. PERFORMANCE v. Gordon, 955 So. 2d 300, 2007 WL 1288788 (Mich. 2007).

Opinion

955 So.2d 300 (2007)

MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE
v.
Benton Rex GORDON, Jr.

No. 2006-JP-01452-SCT.

Supreme Court of Mississippi.

May 3, 2007.

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

Benton Rex Gordon, Jr., Appellee, pro se.

EN BANC.

DICKINSON, Justice, for the Court.

¶ 1. A municipal court judge involved himself in ticket fixing by "passing" fourteen traffic tickets to the file over the objections of the issuing officer. The Mississippi Commission on Judicial Performance ("Commission") filed a formal complaint against the judge alleging willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute. The Commission and judge submitted to this Court a joint motion for approval of the recommendation of a public reprimand *302 and assessment of costs.[1] In accordance with our constitutional mandate,[2] we conduct the following review.

FACTS AND PROCEEDINGS BEFORE THE COMMISSION

¶ 2. On or about July 20, 2005, Benton Rex Gordon, Jr., Municipal Court Judge, Union, Mississippi, approached Officer Melody E. McNall prior to the afternoon court session to discuss a number of speeding tickets issued by the officer. Judge Gordon explained that several upset Union residents had contacted him, the police chief, and the clerks of the court about the citations. Judge Gordon informed Officer McNall that he intended to "pass" all of the citations to the files and issue warning letters to the defendants instead. Although Officer McNall expressed her disagreement with this course of action, the defendants were advised not to appear in court because their tickets had already been "passed" to the files. In total, Judge Gordon "passed" tickets for fourteen defendants without requiring them to appear in court.

¶ 3. Acting on Officer McNall's complaint, the Commission filed a formal complaint against Judge Gordon charging him with "willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute" in violation of Canons 1,[3] 2 A,[4] 2 B,[5] 3 A,[6] 3 B(2),[7] 3 B(7),[8] and 3 C(1)[9] of the *303 Mississippi Code of Judicial Conduct and Section 177A of the Mississippi Constitution of 1890, as amended.[10] The parties reached an agreement on the charges prior to Judge Gordon filing a response, and they have submitted to this Court a joint motion for approval of the Commission's recommendation of a public reprimand and assessment of costs.

DISCUSSION

¶ 4. "This Court conducts de novo review of judicial misconduct proceedings, giving great deference to the findings, based on clear and convincing evidence, of the recommendations of the [Commission]." Miss. Comm'n on Judicial Performance v. Gunn, 614 So.2d 387, 389 (Miss.1993). However, because we "have the sole power to impose sanctions in judicial misconduct cases," we are obligated to render an independent judgment on the charges. Miss. Comm'n on Judicial Performance v. Gibson, 883 So.2d 1155, 1157 (Miss.2004) (citing Miss. Comm'n on Judicial Performance v. Peyton, 645 So.2d 954, 956 (Miss.1994)). Even though the Commission's findings are considered and are given great weight, this Court is not bound by the findings, and additional sanctions may be imposed. Miss. Comm'n on Judicial Performance v. Whitten, 687 So.2d 744, 746 (Miss.1997).

I. Whether Judge Gordon's conduct constituted willful misconduct prejudicial to the administration of justice which brings the judicial office into disrepute.

¶ 5. Our initial task is to determine whether the Commission appropriately charged Judge Gordon with willful misconduct, which we have defined as follows:

`Willful misconduct in office is the improper or wrongful use of the power of his [or her] 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 [or her] 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, 248-49, 237 S.E.2d 246, 255 (1977) (emphasis in original)).

¶ 6. Judge Gordon used his position as Municipal Court Judge to fix tickets by "passing" them to the file without requiring the defendants to appear in court and over the objections of the issuing officer. He also engaged in ex parte conversations with defendants. The Commission determined by clear and convincing evidence *304 that Judge Gordon's actions violated Canons 1, 2 A, 2 B, 3 A, 3 B(2), 3 B(7), and 3 C(1) of the Mississippi Code of Judicial Conduct and Section 177A of the Mississippi Constitution of 1890, as amended. We can find no error in the Commission's determination.

¶ 7. Whether Judge Gordon's behavior was actually willful is of no consequence. Miss. Comm'n on Judicial Performance v. Cowart, 936 So.2d 343, 347 (Miss.2006). "The result is the same regardless of whether bad faith or negligence and ignorance are involved and warrants sanctions." In re Anderson, 451 So.2d 232, 234 (Miss.1984).

¶ 8. This Court historically has taken a firm stance on the practice of ticket fixing. Gunn, 614 So.2d at 389 (citing In re Hearn, 542 So.2d 901, 902-03 (Miss.1989) (judge removed from office for continuing to fix tickets)). We have, without exception, found such behavior to constitute misconduct. See, e.g., Cowart, 936 So.2d at 347 (willful misconduct for judge to contact an officer and dispose of traffic violations without hearings or notice to the issuing officer); Miss. Comm'n on Judicial Performance v. Williams, 880 So.2d 343, 346 (Miss.2004) (willful misconduct for judge to find four defendants "not guilty" of speeding violations before defendants appeared in court or had their cases set for trial); Miss. Comm'n on Judicial Performance v. Boykin, 763 So.2d 872, 874 (Miss.2000) (willful misconduct for judge to dismiss tickets based on ex parte communications with the defendants without holding hearings or notifying the issuing officers); Gunn, 614 So.2d at 389 (willful misconduct for judge to dismiss traffic tickets without holding hearings or notifying the issuing officers).

¶ 9. Likewise, this Court has repeatedly characterized a judge's participation in ex parte communications as willful misconduct. See, e.g., Cowart, 936 So.2d at 347 (ex parte communication with plaintiff in a domestic violence case was willful misconduct); Miss.

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Bluebook (online)
955 So. 2d 300, 2007 WL 1288788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miss-comn-on-jud-performance-v-gordon-miss-2007.