Mississippi Commission on Judicial Performance v. Roberts

227 So. 3d 938, 2017 WL 1424996
CourtMississippi Supreme Court
DecidedApril 20, 2017
DocketNO. 2016-JP-00927-SCT
StatusPublished
Cited by2 cases

This text of 227 So. 3d 938 (Mississippi Commission on Judicial 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
Mississippi Commission on Judicial Performance v. Roberts, 227 So. 3d 938, 2017 WL 1424996 (Mich. 2017).

Opinions

KING, PRESIDING JUSTICE, FOR THE COURT: .

¶ 1. The Mississippi Commission" on Judicial Performance charges Montgomery County Justice Court Judge Keith Stokes Roberts with misconduct for failing to follow the law in a case before him. Because we find that Judge Roberts committed judicial misconduct and we agree that the recommended sanctions are appropriate, we order that Judge Roberts be publicly reprimanded, fined $3,000, and taxed with the costs of these proceedings.

FACTS AND PROCEDURAL HISTORY

¶ 2. On November 3, 2014, Rebecca Herring brought for hearing before Judge Roberts a claim that Marci Gastineau had given her . a rent check in the amount of $450 that was returned due to insufficient funds. Herring prayed for monetary damages in the amount of $546.50. Gastineau failed to appear and defend the case despite receiving the summons posted on her door,1 so Judge Roberts continued the case until November 17, -2014. Gastineau was not notified of the new hearing date and again failed to appear, so Herring requests ed a default judgment.

¶ 3. After talking with Herring and looking at the documents she presented, Judge Roberts suggested that she amend her complaint to $3,500 (the jurisdictional limit of the court) plus costs. Herring made such a motion and Judge Roberts entered a default judgment against Gastineau in the amount of $3,564. Judge Roberts then suggested that Herring move to amend her complaint to include an eviction,’ and explained to her his belief that she needed an eviction for the constable to put her in legal possession of the property. Herring made such a motion, and Judge Roberts ordered an immediate eviction.

¶ 4. On June 29, 2015, following an investigation of the matter, the Commission filed a formal complaint against Judge Roberts charging him with violating Canons 1, 2A, 2B, 3B(2), 3B(8), and 3C(1) of the Mississippi Code of Judicial Conduct, which violates Section 177A of the Mississippi Constitution of 1890, “as said conduct constitutes willful misconduct in office and conduct prejudicial to the administration of justice "which brings the judicial office into disrepute.” Judge Roberts filed a Motion to Dismiss and a Motion to Recuse two judges from the hearing panel.- The Commission denied both motions and a formal [942]*942hearing was held on March 31, 2016, before-a three-judge committee.

¶5, On May 17, 2016, the Committee filed'its Findings of-Fact, Conclusions of Law, and Recommendation. The Committee found that- clear and convincing evidence existed that Judge Robert’s conduct violated Canons 1, 2A, 3B(2), 3B(8), and 3C(1) of the Code of Judicial Conduct. The Committee recommended that Judge Roberts be publicly reprimanded,- fined $3,000, and assessed all costs of the proceeding. Judge Roberts filed his objection to the Committee’s findings and recommendation on May 31, 2016. Thereafter, the Commission unanimously adopted the Committee’s findings and recommendation.

¶6. The Commission found that Judge Roberts had committed misconduct by: (1) failing in his administrative duties by not directing the Clerk to issue process for the reset hearing date and ensuring that Gas-tineau received notice of the reset hearing date, (2) failing to give notice to Gastineau that she would face an‘eviction and a 700 percent increase in the amount of the judgment against her, (3) granting unrequested relief by evicting Gastineau,. (4) acting, with ignorance or disregard for any applicable rule of law, (5) entering an unsupported judgment, in favor of Herring which caused direct harm to Gastineau, and (6) giving legal advice to Herring that directly harmed Gastineau. The Commission recommends to this Court that we order that Judge Roberts be publicly reprimanded, fined $3,000, and taxed with the costs of these, proceedings in the amount of $2,381.34.

¶ 7. Judge Roberts objects on multiple grounds: 1) that the Commission violated Rule 6(C) of the Rules of the Mississippi Commission on Judicial Performance, 2) that his due process rights were violated, 3) that Rule 2 applies in that he applied his understanding of the law, 4) that he was not required to renotice Gastineau, 5) that the Commission withheld exculpatory evidence and made its decision to initiate a Formal Complaint without said evidence, and 6) that-the sanctions are inappropriate.

ANALYSIS

¶ 8. The Mississippi Constitution grants this Court the power to impose sanctions for willful judicial misconduct “[o]n recommendation of the commission on judicial performance.” Miss. Const. art. 6, § 177A. When reviewing a judicial performance case, we conduct “an independent inquiry of the record before making a ‘final determination of. the appropriate action to be taken in each case[.]’” Miss. Comm’n on Judicial Performance v. Shoemake, 191 So.3d 1211, 1216 (Miss. 2016) (quoting Miss. Comm’n on Judicial Performance v. Boone, 60 So.3d 172, 176 (Miss. 2011)). That said, we give careful consideration to the Commission’s findings of fact and recommendations, but we are not bound by them. Shoemake, 191 So.3d at 1216 (citing Miss. Comm’n on Judicial Performance v. Skinner, 119 So.3d 294, 299 (Miss. 2013)).

¶ 9. To impose sanctions, we must find “clear and convincing evidence of misconduct. Shoemake, 191 So.3d at 1216 (internal quotations omitted), “Willful misconduct in office includes 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.” Miss. Comm’n on Judicial Performance v. Skinner, 119 So.3d 294, 299 (Miss. 2013) (internal quotations omitted). Bad faith may be found where there exists “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.” Id. (internal quotations [943]*943omitted). While “[wjillful misconduct in office of necessity is conduct prejudicial to the administration of justice that brings the judicial office into disreputef,] ... [a] judge may also bring the judicial office into disrepute through negligence, ignorance, or incompetence not amounting to bad faith.” Id. (internal quotations and citations omitted). “This Court can generally recognize examples of such conduct when presented before the Court,” Id. (internal quotations and alterations omitted).

1. Whether the Commission violated Rule 6(C).

¶ 10. Rule 6(C) of the Rules of the Mississippi Commission on Judicial Performance provides that “[t]he formal complaint shall identify any complainant.” Judge Roberts argues that “any complainant” means that, for a formal complaint to be valid, it must identify a complainant. Yet the modification of “complainant” with “any” indicates that a specific complainant should be identified only if a sworn complainant exists. This is bolstered by other •Rules of the Mississippi Commission on Judicial Performance. Rule 5(A) provides that

Upon receipt of proper information regarding a judge’s conduct or physical or mental condition, the Commission shall initiate a confidential inquiry to determine whether the matter is within the Commission’s jurisdiction. On its own motion, the Commission may make inquiry concerning a judge’s conduct or physical or mental condition, and may file a formal complaint based upon the results of such inquiry on its own motion.
¶ 11. Rule 5(D) provides that

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Bluebook (online)
227 So. 3d 938, 2017 WL 1424996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mississippi-commission-on-judicial-performance-v-roberts-miss-2017.