Miss. Comm'n on Judicial Performance v. Perdue
| Docket Number: | 2002-JP-01430-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 08-21-2003 Holding: JUDGE JANE A. PERDUE IS HEREBY SUSPENDED FOR THIRTY (30) DAYS FROM ALL JUDICIAL FUNCTIONS, INCLUDING THE USE OF JUDICIAL FACILITIES AND OFFICE, WITHOUT PAY, AND ASSESSED COSTS OF THESE PROCEEDINGS IN THE AMOUNT OF $888.22 |
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| Additional Case Information: |
Topic: Judicial discipline - Willful misconduct - Suspension Judge(s) Concurring: Waller and Cobb, JJ. Non Participating Judge(s): Pittman, C.J., Smith, P.J., Diaz and Easley, JJ. Dissenting Author : McRae, P.J. Dissent Joined By : Graves, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Trial Court: |
Date of Trial Judgment: 08-20-2002 Appealed from: Commission on Judicial Performance Judge: Clarence E. Morgan, III Disposition: Recommended that the Appellant be suspended without pay. Case Number: 2001-157 |
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| Note: | Judge Jane A. Perdue is hereby suspended for thirty (30) days from all judicial functions, including the use of judicial facilities and office, without pay, and assessed costs of these proceedings in the amount of $888.22. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
LUTHER T. BRANTLEY, III
PATRICIA A. HANCOCK |
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| Appellee: | Jane A. Perdue | CHRISTOPHER A. TABB |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Judicial discipline - Willful misconduct - Suspension |
| Summary of the Facts: | The Mississippi Commission on Judicial Performance found that Rankin County Youth Court Referee and City of Pearl Youth Court Judge Jane Perdue violated Section 177A of the Mississippi Constitution, and recommended that she be suspended for thirty days from all judicial functions, including the use of judicial facilities and office, without pay, and assessed costs of $888.22. |
| Summary of Opinion Analysis: | Issue 1: Misconduct The relevant facts are that: (1) Judge Perdue entered an ex parte order, in her capacity as Youth Court Referee, as presented by the City of Pearl Youth Court Prosecutor who regularly appeared before her in her capacity as Youth Court Judge for the City of Pearl, but on this occasion the Prosecutor was representing a party as privately retained counsel; (2) Judge Perdue signed this ex parte order awarding temporary custody of a minor child without a petition being filed, without notice to the custodial parent, without evidence being taken, and without an official court file ever being established; (3) Judge Perdue, upon having the parties and attorneys before her for a review hearing, refused to explain her reasons for the entry of this order and refused to allow evidence to be offered on behalf of the custodial parent; (4) Judge Perdue, on that same day, continued in effect this same order, although the prior chancery court order awarding the mother the primary physical and legal custody of her minor child was still in effect; and, (5) Judge Perdue’s actions caused the mother to be deprived of lawful custody of her child, which custody was restored to her only after incurring attorney’s fees in excess of $13,000. These actions mandate that Judge Perdue be sanctioned because of willful misconduct in office and conduct prejudicial to the administration of justice which brings her judicial office into disrepute. Judge Perdue violated Canons 1, 2A, 3A(1), 3A(4), and 3B(1) of the Mississippi Code of Judicial Conduct. Judge Perdue likewise violated section 43-21-301(4) and section 43-21-111(5). Issue 2: Suspension Although the actions of Judge Perdue were not taken in bad faith, disciplinary action can be appropriate without evidence of bad faith. Through Judge Perdue’s actions, the proper parent was deprived the custody of a minor child for a considerable period of time. Judge Perdue brought the judicial office into disrepute. Therefore, disciplinary action is warranted. What is especially troublesome is Judge Perdue’s failure to acknowledge her wrongdoing or even that she may have made a mistake. The recommendation of the Commission that Judge Perdue should be suspended from all judicial functions, including the use of judicial facilities and office, without pay, for thirty days and that she be assessed costs of $888.22 is adopted. |
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