Mississippi Commission on Judicial Performance v. Thompson

169 So. 3d 857, 2015 Miss. LEXIS 242, 2015 WL 3545025
CourtMississippi Supreme Court
DecidedMay 21, 2015
DocketNo. 2014-JP-01309-SCT
StatusPublished
Cited by12 cases

This text of 169 So. 3d 857 (Mississippi Commission on Judicial Performance v. Thompson) 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. Thompson, 169 So. 3d 857, 2015 Miss. LEXIS 242, 2015 WL 3545025 (Mich. 2015).

Opinion

PIERCE, Justice,

for the Court:

¶ 1. The Commission on Judicial Performance filed a formal complaint on November 12, 2013, against Rickey W. Thompson, Justice Court Judge, District 4, Lee County, Mississippi, charging him with judicial misconduct constituting violations of Canons 1, 2(A), 2(B), 3(B)(1), 3(B)(2), 3(B)(4), 3(B)(8), 3(C)(1), and 3(C)(2) of the Code of Judicial Conduct and constituting willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute in violation of Section 177A' of the Mississippi Constitution of 1890, as amended. The formal complaint was comprised of four separate charges:

a. Count One related to Inquiry No. 2013-104 regarding the consolidation of two complaints arising from contempt of court proceedings initiated by Judge Thompson against two deputies of the Lee County Sheriffs Department in the time frame April 29-July 18, 2013, for the deputy’s failure to sign and serve a particular bond form directed by Judge Thompson as Justice Court Judge in error on Judge Thompson’s part.
b. Count Two related to Inquiry No. 2013-131 regarding a complaint arising from Judge Thompson’s conduct with regard to a bail bondsman in the Lee County Justice Court.
c. Count Three related to Inquiry No. 2013-166 regarding a complaint arising from Judge Thompson’s handling of a Lee County Justice Court Drug Court matter involving K.F.1 and her retained attorney, Janelle Lowrey.
d. Count Four related to other allegations of violations by Judge Thompson involving the Lee County Justice Court drug court revealed during the course of the investigation, including (a) multiple participants in the Drug Court in excess of two years in violation of Mississippi Code Section 99-15-26; (b) many participants in the Drug Court incarcerated for long periods of time for “violations” of the drug court policy without affidavit or petition and without proof being presented to the Drug court that an actual violation had occurred; (c) Judge Thompson received and enrolled participants from other court systems that did not have a drug court, even after receipt of an October 19, 2012, Attorney General’s opinion that such practice did not comport with Mississippi Code Section 9-23-15(2); (d) Judge Thompson signed and filed false reports with the AOC that inflated the number of drug court participants; and (e) Judge Thompson instructed drug court personnel to refuse to cooperate with the Commission and to conceal documents sought by the Commission pursuant to subpoena.

¶ 2. Judge Thompson did not file an answer to the formal complaint but requested a hearing. Initially, the Commission had considered seeking an interim suspension of Judge Thompson from his duties as a Lee County Justice Court Drug Court judge during the pendency of these proceedings. But after the director of the Administrative Office of Courts (AOC) had advised Judge Thompson that the certification of the Lee County Justice Court Drug Court had expired, an agreement was memorialized in an Order Setting Aside Order to Show Cause, which was filed on December 13, 2013. That order required, in pertinent part, that Judge Thompson cease operation of the Lee County Justice Court Drug Court and [861]*861cease any efforts to recertify the drug court during the pendency of the formal complaint. Judge Thompson also agreed to recuse himself from hearing any cases involving the Lee County Sheriffs Department and Attorney Janelle Lowrey during the investigation and formal hearing process with the Mississippi Commission on Judicial Performance and was ordered to sign any orders necessary to discharge the remaining participants from the drug court and, if proper, expunge their records.

¶ 3. This matter subsequently came for hearing on March 5 and 6, and May 7 and 8, 2014, in the Office of the Mississippi Commission on Judicial Performance in Jackson, Mississippi, before a panel committee.2 Judge Thomspon was represented by counsel. Fourteen witnesses, along with Judge Thompson, appeared and provided testimony.

¶ 4. Having heard and considered the evidence, the committee filed its Findings of Facts and Conclusions of Law and Recommendations on July 18, 2014. The committee voted 2-1 to recommend that Judge Thompson be removed from office and assessed a $3,500 fine plus costs of $7,693.38. Commission counsel filed objections to those findings on July 28, 2014, and Judge Thompson filed his objections on July 31, 2014.

¶ 5. Thereafter, the Commission considered the committee’s findings and recommendations. The Commission unanimously adopted the committee’s findings of fact and conclusions of law. The Commission then voted 5-2 to adopt the committee’s recommendation that Judge Thompson be removed from office and assessed a $3,500 fine plus costs of $7,693.38.

FINDINGS OF FACTS

Count One

¶ 6. On April 29, 2013, Officer Lance Miller, a deputy with the Lee County Sheriffs Department, was assigned to provide security for the Lee County Justice Court building by screening individuals upon entering the building; Officer Miller was positioned at a door, not in a courtroom. On that date, Judge Thompson was presiding over a protective-order hearing in a domestic-violence matter in open court. Instead of using a bonding condition form designed for use in domestic-violence cases by a judge in open court, which has signature lines for the judge and a defendant, Judge Thompson used and made notations in error on a different bonding condition form that was intended for use by a law-enforcement officer at the scene of a domestic-violence ease, which indicates the officer has telephoned a judge to determine what bond amount and/or what conditions should be set. The form Judge Thompson used contained signature lines for an officer/deputy and for a defendant.

¶ 7. Not recognizing the error in his selection of the bonding condition form, Judge Thompson made notations on the form (the one that was not intended for use in court) and sent a justice-court deputy clerk from the hearing out of the courtroom to have Officer Miller sign and serve the bonding condition form. Officer Miller informed the clerk that he was not willing to sign the paper presented, as he had never seen that form before. Officer Miller went to the courtroom where Judge Thompson was still on the bench and spoke to Judge Thompson about the form. Officer Miller then stepped outside to call [862]*862his supervisors, since he was not familiar with the piece of paper presented. After reciting the contents of the form, Officer Miller was advised by his supervisors not to sign the form.

¶ 8. Later, Officer Miller spoke to Judge Thompson and was questioned by Judge Thompson about his refusal to sign the form, and Officer Miller informed the judge he did not sign the form under the advice of his supervisor. Judge Thompson informed Officer Miller he was going to start contempt proceedings against Officer Miller. Judge Thompson initiated contempt proceedings against Officer Miller by issuing and serving a subpoena on May 6, 2013, for Officer Miller to appear on June 19, 2013, for a show-cause hearing on a contempt of court. John Hall, chief deputy for the Lee County Sheriffs Department, was also served with a subpoena on May 6, 2013, ordering him to appear on June 19, 2013, and give testimony in the matter.

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Cite This Page — Counsel Stack

Bluebook (online)
169 So. 3d 857, 2015 Miss. LEXIS 242, 2015 WL 3545025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mississippi-commission-on-judicial-performance-v-thompson-miss-2015.