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

952 So. 2d 934, 2007 WL 925832
CourtMississippi Supreme Court
DecidedMarch 29, 2007
Docket2006-JP-01016-SCT
StatusPublished
Cited by16 cases

This text of 952 So. 2d 934 (MISS. COM'N ON JUD. PERFORMANCE v. Roberts) 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. Roberts, 952 So. 2d 934, 2007 WL 925832 (Mich. 2007).

Opinion

952 So.2d 934 (2007)

MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE
v.
Bruce ROBERTS.

No. 2006-JP-01016-SCT.

Supreme Court of Mississippi.

March 29, 2007.

*935 Luther T. Brantley, III, attorney for appellant.

Bruce Roberts, appellee, pro se.

EN BANC.

GRAVES, Justice, for the Court.

¶ 1. The Mississippi Commission on Judicial Performance (Commission) recommended that Harrison County Justice Court Judge Bruce Roberts be publicly reprimanded, suspended for thirty (30) days without pay, fined $1,500 and assessed costs of $100 for judicial misconduct. Judge Roberts does not deny the misconduct alleged by the Commission, but asks this Court to consider mitigating evidence and, at most, to adopt the Commission's recommendations. Finding that Judge Roberts did engage in misconduct, this Court adopts the Commission's recommendation and orders that Judge Roberts be publicly reprimanded, suspended for thirty (30) days without pay, fined $1,500 and assessed costs of $100.

FACTS

¶ 2. As the facts are not in dispute, the following are quoted from the Commission's Findings of Fact, Conclusions of Law and Recommendation:

On or about October 7, 2002, Mr. Dennis M. Klubnik filed simple assault-domestic violence charges against his ex-wife, Jodi Klubnik, at the Harrison County Justice Court, Cause No. GT056/1453. The matter was set for trial on July 16, 2004 before Respondent. Ms. Klubnik plead [sic] guilty to the charges and was fined $500.00, which was suspended, and assessed costs of court. After the plea was accepted by Respondent, he voiced his opinion in open court that it was ridiculous that Mr. Klubnik had filed the charges against the ex-wife and that the domestic violence statutes were designed to protect women.
On January 15, 2004, Jodi Klubnik filed charges against Dennis Klubnik for trespassing, Cause No. GT058/131, Harrison County Justice Court. Klubnik was arrested on that date. A trial was scheduled for September 13, 2004. At trial, Respondent remanded the charges to the file for a period of two (2) years. Respondent did not allow Klubnik to present any evidence and threatened to incarcerate him for six (6) months if he appeared before him again within the next two (2) years.
On or about September 20, 2004, John Wesley Cole was arrested in Gulfport, Mississippi on the charge of murder, State of Mississippi v. John Wesley Cole, Cause No. GF065/0136, Harrison County Justice Court. Respondent, after speaking with law enforcement personnel, set Cole's bond at $250,000.00 and Cole bonded out of jail the next day.
On Wednesday, September 22, 2004, an article appeared in the Sun Herald newspaper, stating that Cole had been released on bond and that the victim's family was disappointed and felt the bond amount was insufficient. Later that day, Respondent, without notice, affidavit or additional information, issued an Alias Warrant ordering Harrison County law enforcement officials to immediately re-arrest Cole. Simultaneously therewith, Respondent issued an Order for Preliminary Hearing setting aside the previous bond of $250,000.00 and ordering Cole held without bond pending a preliminary hearing. As a result, *936 Cole was re-arrested and held without bond.
On Friday, September 24, 2004, Respondent was quoted in an article published by the Sun Herald [sic] and stated that "The bond I set originally was based on information available to me at the time I was approached by police officers. Upon review of additional information, I issued an alias warrant, or a secondary or additional warrant, that he be re-arrested and be held without bond pending a preliminary hearing on this matter." Coles [sic] petitioned the Circuit Court for his release on the previous bond amount and was released following a hearing on September 30, 2004.
On October 13, 2003, Travis L. Page, Jr. was arrested by the Harrison County Sheriff's Department on charges of Driving Under the Influence-2nd offense, Driving Under Suspension and Improper Lane Usage, Cause Nos. GT113/0516-0518, State of Mississippi v. Travis L. Page, Jr., Harrison County Justice Court.
A trial on the above charges was scheduled for March 9, 2004 before Respondent. Page entered a guilty plea to Driving Under the Influence-2nd offense and Driving Under Suspension. The prosecution nolle prosequied the charge of Improper Lane Usage. Respondent sentenced Page to six (6) months on each of the charges to which he plead [sic] guilty, but suspended all but seven (7) days of the sentence which were to be served on the weekends, plus fines and costs of court. On March 12, 2004, the first weekend Page was to report to serve his time, Page arrived at the jail allegedly smelling of alcohol. The deputy at the jail called Respondent who revoked Page's weekend sentence and ordered the jailer to hold Page with no bond pending an initial appearance. The deputies subsequently filed an affidavit against Page charging him with Public Drunk and Disorderly Conduct. See State of Mississippi v. Travis L. Page, Jr., Cause Nos. 058/395 and 396, Harrison County Justice Court.
On March 24, 2004, Page appeared before Respondent for a revocation hearing though no affidavit or petition for revocation had been filed with the Court. Counsel for Page objected to going forward with the revocation hearing without any filings in place and proper notice to Page. At the insistence of Page's counsel, Respondent released Page on that date, after spending twelve (12) days in jail with no bond.
In August, 2004, Page again appeared before Respondent for a hearing on the revocation of probation. Still no affidavit or Petition to Revoke had been served on Page. Counsel for Page requested that Respondent recuse himself from the case due to a conflict of interest. Respondent agreed to recuse himself from the case and Judge Louise D. Ladner was asked to hear the matter.
On September 22, 2004, Page was scheduled to appear before the Court on the charges of Public Drunk and Disorderly Conduct and other misdemeanors. Upon arrival, Page was served with a Petition to Revoke filed that date. Over the objections of Page's attorney, citing Respondent's previous recusal, Respondent informed Page that he would hear the revocation matter. Counsel for Page again asked Respondent to recuse himself due to statements made by Respondent prior to the hearing that he wanted to give Page significant jail time. Respondent refused to recuse and went forward with the hearing.
Respondent, at the start of the revocation hearing, admitted that he had previously recused himself from the *937 Public Drunk and Disorderly Conduct cases against Page, but since the affiant on those charges was not present at the hearing, he dismissed the Public Drunk and Disorderly Conduct charges on his own motion. The hearing on the revocation continued over objections of counsel due to the recusal issues and lack of proper notice since Page had been served with the Petition for Revocation just that morning. At the conclusion of the hearing, Respondent found that Page had violated his probation and sentenced him to 90 days on Driving Under the Influence-2nd offense and 90 days on the Driving Under Suspension charge, the sentences to run concurrent.

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Cite This Page — Counsel Stack

Bluebook (online)
952 So. 2d 934, 2007 WL 925832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miss-comn-on-jud-performance-v-roberts-miss-2007.