Mississippi Commission on Judicial Performance v. Smith

109 So. 3d 95, 2013 WL 979359, 2013 Miss. LEXIS 64
CourtMississippi Supreme Court
DecidedMarch 14, 2013
DocketNo. 2012-JP-01368-SCT
StatusPublished
Cited by3 cases

This text of 109 So. 3d 95 (Mississippi Commission on Judicial Performance v. Smith) 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. Smith, 109 So. 3d 95, 2013 WL 979359, 2013 Miss. LEXIS 64 (Mich. 2013).

Opinion

PIERCE, Justice,

for the Court:

¶ 1. The Mississippi Commission on Judicial Performance recommends that Bruce B. Smith, municipal court judge for Mendenhall, Mississippi, be publicly reprimanded, suspended from office for thirty days without pay, and taxed with costs in the amount of $1,151.60 for: (1) failing to properly adjudicate criminal matters assigned to him, (2) engaging in ticket-fixing, and (3) dismissing criminal charges against multiple defendants in exchange for simultaneous payments to a “drug fund” established and maintained by the Mendenhall police chief. The Commission found that Judge Smith’s conduct constituted willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute under Section 177A of the Mississippi Constitution of 1890. Specifically, the Commission found by clear and convincing evidence that Judge Smith violated Canons 1, 2A, 3B(1), 3B(2), and 3B(8) of the Code of Judicial Conduct. We concur with the Commission’s findings and adopt its proposed sanctions.

FACTS

¶ 2. In December 2010, the Mississippi Commission on Judicial Performance filed a formal complaint against Judge Smith charging judicial misconduct actionable pursuant to the provisions of Section 177A of the Mississippi Constitution of 1890, as amended. Judge Smith filed an answer denying the charges.

¶ 3. The Committee of the Commission on Judicial Performance held a hearing on the allegations on March 16, 2012. On July 26, 2012, the Committee filed its Findings of Fact and Conclusions of Law. Judge Smith filed an objection to these findings. At its regularly scheduled meeting on August 10, 2012, the full Commission accepted and adopted the Committee’s Findings of Fact and Conclusions of Law and overruled Judge Smith’s motion to dismiss. On August 21, 2012, the Commission entered its Findings of Fact, Conclusions of Law and Recommendation.

¶ 4. According to the Commission’s findings, from December 2009 through July 2010, until his resignation in October 2010, Bruce Barlow, police chief of the City of Mendenhall instituted a program whereby defendants charged with violations of Mississippi’s Implied Consent Law, as well as felonies and various misdemeanor offenses, could avoid prosecution on those charges in exchange for a payment to a “drug fund” maintained by the City of Menden-hall. Judge Smith, with full knowledge of the program, presided over thirty-eight cases during that time period in which such charges were ordered dismissed and/or remanded to file upon the recommendation of the police chief, with simultaneous payments made by the defendants into the drug fund. It is undisputed that Judge Smith knew of the program’s existence. In his opening statement at the hearing, he explicitly stated that he knew these negotiations involving payments into the drug fund were taking place. “I’d be on the bench doing guilty pleas. They’d be in the back negotiating these things out. So they’d come back out, and they’d make this recommendation to me.” As a result, each defendant received assurance that a conviction on the pending charges and its subsequent consequences would never appear on the defendant’s driving record or criminal history.

¶ 5. A summary of the pertinent cases disposed of by Judge Smith was introduced at the hearing. The exhibit shows that, in thirty-six of the thirty-eight cases, each defendant pleaded guilty to a lesser charge and paid a fine and state assess[97]*97ment of costs; this was in addition to the payment the defendant made into the drug fund to have his or her greater charge(s) dismissed and/or remanded to file.1 In the other two cases, Judge Smith dismissed all the charges presented. The amount paid into the drug fund in each case ranged from $250 to $8,000.

¶ 6. According to the Commission, other defendants similarly charged during this time period who had appeared before Judge Smith were found guilty and paid fines and assessments. Chief Barlow did not offer these defendants the opportunity to pay money into the drug fund to get their charges dismissed.

¶ 7. William Smith, the city prosecutor, also with full knowledge of the program, acquiesced in the disposition of the pertinent cases. Smith testified at the hearing that he was not involved in the negotiations for the disposition of the charges, and he acknowledged that he did not attempt to ascertain the viability of the cases for prosecution.

¶ 8. Lori King, the municipal court clerk for Mendenhall, whose office is responsible for “administering the collection of all fines, penalties, fees and costs imposed by the court and depositing all collections with the municipal treasurer or equivalent officer[,]” 2 testified that her office received only the fine and assessment money paid in each particular case. The drug-fund payments were handled by the Mendenhall police department. According to King, she found the matter “very unsettling” because she knew of no other court engaging in such practice.

¶ 9. Officer Kris Grantham, the arresting officer in a majority of these cases, testified that he was aware of the drug fund and that many of the charges he had written were being dismissed upon a defendant’s payment into it. Officer Grant-ham learned of the practice from Chief Barlow, and Officer Grantham complained about it to other police officers. According to Officer Grantham, when Chief Barlow found out about his complaints, Chief Barlow told him to either “quit or be fired.” Officer Grantham thereafter left the Men-denhall police force. He returned approximately five months later when a new police chief was hired.

¶ 10. The disposal of cases in this manner continued until the Federal Bureau of Investigation began an investigation into the alleged mishandling of the “drug-fund” money by Chief Barlow, at which time Judge Smith and the prosecutor ceased the practice.

¶ 11. Judge Smith has served as a municipal court judge for twenty years, and this is the first formal complaint filed against him. There are no allegations that Judge Smith in any way profited financially from the actions of which he is charged.

1112. Judge Smith argues the following:

I. The Commission erred in denying his motion to dismiss for lack of jurisdiction.
II. The Commission erred in not dismissing the amended complaint pursuant to this Court’s recent rulings in Mississippi Commission on Judicial Performance v. Little and Mississippi Commission on Judicial Performance v. McGee.
III. The Commission erred in not recommending a private admonishment pursuant to the Gibson factors.

[98]*98¶ 13. Additional facts, as necessary, will be related in our discussion.

DISCUSSION

¶ 14. This Court is vested with the sole power to impose sanctions in judicial misconduct cases and, thus, must undertake an independent inquiry of the case record. In re Anderson, 412 So.2d 743, 746 (Miss.1982). In so doing, this Court accords “careful consideration [to] the findings of fact and recommendations of the Commission, or its committee, which has had the opportunity to observe the demeanor of the witnesses.” Id. This Court may “accept, reject, or modify, in whole or in part, the findings and recommendation of the Commission.” Miss. Comm’n on Judicial Performance R.10(E).

I.

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Related

Mississippi Commission on Judicial Performance v. Jimmy McGee
266 So. 3d 1003 (Mississippi Supreme Court, 2019)
Mississippi Commission on Judicial Performance v. Roberts
227 So. 3d 938 (Mississippi Supreme Court, 2017)
Mississippi Commission on Judicial Performance v. Bowen
123 So. 3d 381 (Mississippi Supreme Court, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
109 So. 3d 95, 2013 WL 979359, 2013 Miss. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mississippi-commission-on-judicial-performance-v-smith-miss-2013.