Mississippi Com'n on Judicial Performance v. Jenkins

725 So. 2d 162, 1998 Miss. LEXIS 436, 1998 WL 596331
CourtMississippi Supreme Court
DecidedSeptember 10, 1998
Docket98-CC-00212-SCT
StatusPublished
Cited by10 cases

This text of 725 So. 2d 162 (Mississippi Com'n on Judicial Performance v. Jenkins) 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 Com'n on Judicial Performance v. Jenkins, 725 So. 2d 162, 1998 Miss. LEXIS 436, 1998 WL 596331 (Mich. 1998).

Opinion

725 So.2d 162 (1998)

MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE
v.
Hyde Rust JENKINS, II.

No. 98-CC-00212-SCT.

Supreme Court of Mississippi.

September 10, 1998.
Rehearing Denied November 19, 1998.

*163 Luther T. Brantley, III, Jackson, for Appellant.

C. Victor Welsh, III, Jackson, for Appellee.

EN BANC.

JAMES L. ROBERTS, Jr., Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. On June 2, 1997, Erik M. Lowrey, Commission Chairman, entered an Order appointing a Formal Commission to conduct a hearing concerning Hyde Rust Jenkins, II (hereinafter "Jenkins"), Chancery Court Judge for the Seventeenth Chancery Court District of Mississippi. On June 5, 1997, the Mississippi Commission on Judicial Performance (hereinafter "Commission") filed a formal complaint charging Jenkins with judicial misconduct constituting willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute as set forth in Section 177A, Mississippi Constitution of 1890, as *164 amended. It was further alleged that Jenkins had engaged in the practice of law in violation of Miss.Code Ann. § 9-1-25 (Supp. 1997), and § 23-15-975 (Supp.1997). The Complaint also charged Jenkins with violating Canons 1, 2 A, 2 B, 3 A(1), 3 A(4), 3 C, 5 C(1) and 5 F of the Code of Judicial Conduct of the Mississippi Judges. On October 8, 1997, after obtaining a continuance on the hearing of the instant matter, Jenkins filed an Answer to the Formal Complaint. The basis for the Formal Complaint was two counts of alleged misconduct.

¶ 2. A hearing was held before a duly appointed panel of Commission members in Jackson, Mississippi on October 15 and 16, 1997. At the conclusion of the hearing and subsequent to both parties filing proposed findings of fact and conclusions of law, the panel concluded that both counts of misconduct were determined to have been proved by clear and convincing evidence. The Committee further recommended that Jenkins be removed from office and assessed the costs accrued in this matter. Thereafter, the Commission by unanimous vote agreed with the findings of the Committee that Jenkins be removed from judicial office and taxed with all costs of this matter in the amount of $2,863.77.

I. DID THE CONDUCT OF JENKINS CONSTITUTE WILLFUL MISCONDUCT IN OFFICE AND CONDUCT PREJUDICIAL TO THE ADMINISTRATION OF JUSTICE WHICH BRINGS THE JUDICIAL OFFICE INTO DISREPUTE, PURSUANT TO SECTION 177A OF THE MISSISSIPPI CONSTITUTION OF 1890, AS AMENDED?

II. SHOULD JENKINS BE REMOVED FROM JUDICIAL OFFICE AND ASSESSED THE COSTS OF THIS PROCEEDING BY THE MISSISSIPPI SUPREME COURT, PURSUANT TO SECTION 177A OF THE MISSISSIPPI CONSTITUTION OF 1890, AS AMENDED?

STATEMENT OF THE FACTS

¶ 3. Jenkins has served as Chancery Court Judge of the Seventeenth Chancery District of the State of Mississippi, which includes Adams, Claiborne, Jefferson and Wilkinson Counties, since October of 1987. He has, since that time, been both privately admonished by the Commission and publicly reprimanded by this Court. See Mississippi Comm'n on Judicial Performance v. Jenkins, 677 So.2d 171 (Miss.1996).

¶ 4. Southern Landfill Management, Inc. (hereinafter "SLM") is a Mississippi Corporation owned at least in part by Jack Tomlinson and Robert Hume of Canada, that began negotiations early in the 1990's with Jefferson County, Mississippi for the construction and operation of a solid waste landfill in that county. Jenkins initially met Tomlinson during the time of the negotiations and assisted him in finding property along the Mississippi River that might be used for unloading garbage from barges onto trucks for transportation to the landfill. Apparently Jenkins was initially called because his father owns a dock and storage facility in Vidalia, Louisiana, just across the Mississippi River from Natchez, Mississippi, which possibly could have been adapted for that purpose.

¶ 5. On April 8, 1993, the Board of Supervisors of Jefferson County were in the process of securing bids for the operation of the Jefferson County Landfill. At this meeting, Jenkins addressed the Jefferson County Board of Supervisors on behalf of Tomlinson and SLM who were still involved in negotiations with the county to purchase the Jefferson County Landfill. The minutes of that board meeting reflect that Jenkins recommended to the Board that it accept SLM's offer. Also, during this same time period, Gerry Winters, a 50% stockholder in Southern Transporters, Incorporated, along with Jenkins, became interested in the garbage collection and hauling business, although those plans did not fully come to fruition until February of 1996.

¶ 6. In approximately September of 1992, Gill Smith, the attorney for Tomlinson and SLM, initiated negotiations with Marrion Green for the lease or purchase of certain property adjoining the Jefferson County Landfill. The property, a 113-acre tract, was known as the Lucille Fulton or Wesley Fulton land. Green and his sister owned an *165 interest in the property and the other interest was vested in the Estate of Lucille Fulton (Jones), Green's grandmother. On October 21, 1993, Green filed a petition to probate the will of Lucille Fulton which devised her interest in the tract to Katie Ruth Denelli, Green's sister. At the time the will was probated Jenkins was the only Chancery judge serving Jefferson County. During this time SLM, through Smith, was acquiring purchase options from the Fulton heirs to the interest in the tract in the instance the will was declared invalid. Green's sole purpose, according to him was to try to lease, not sell, all of the property and keep the entire 113 acre tract in his family. Negotiations between Green and Smith became strained and in mid-November, 1993 Odell Anders set up a meeting between Jenkins and Marrion Green. According to Jenkins, Anders called Jenkins out of the blue and told him that Green would like to speak with Jenkins "about the guys at the landfill." Green confirms that Anders set up his initial meeting with Jenkins. At this point the stories begin to differ, although many similar facts are confirmed by both parties.

¶ 7. According to Jenkins, Green and a friend showed up at his home on November 18, 1993, at 10:00 p.m. Although they had never met before, the judge invited them in and they began drinking gin and talking about hunting. Jenkins stated that he and Green began talking about the landfill and he told Green everything he knew about the landfill and the people who were involved. Green told Jenkins about SLM's proposed offer for the Wesley-Fulton tract and in turn Jenkins told Green that the offer was a good deal. Jenkins recalled that Green informed Jenkins that he needed to get the proposed lease agreement into one document. Green advised the judge on the details of the lease and Jenkins typed the proposed lease agreement into a cohesive document. According to Jenkins, he left some blank lines in the document and filled in the monetary terms of the lease in his own hand writing later in the evening after which Green took the document and left around 2:30 in the morning. By his own testimony, Jenkins not only typed and wrote the lease, but gave Green certain advice about the purchase of the property.

¶ 8. Green's recollection of the events of November 18th and 19th, 1993 differ from Jenkins' in two respects.

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Bluebook (online)
725 So. 2d 162, 1998 Miss. LEXIS 436, 1998 WL 596331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mississippi-comn-on-judicial-performance-v-jenkins-miss-1998.