Miss. Comm'n on Judicial Performance v. Blakeney


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Docket Number: 2002-JP-01993-SCT

Supreme Court: Opinion Link
Opinion Date: 06-19-2003
Opinion Author: Graves, J.
Holding: PUBLIC REPRIMAND AND COSTS

Additional Case Information: Topic: Judicial discipline - Ex parte communication - Canons 1, 2A, B, and 3A(1), (4) - Public reprimand
Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley and Carlson, JJ.
Concurs in Result Only: McRae, P.J.
Nature of the Case: CIVIL - JUDICIAL PERFORMANCE

Trial Court: Date of Trial Judgment: 11-08-2002
Appealed from: Commission on Judicial Performance
Judge: Clarence E. Morgan, III
Disposition: Requested that the Supreme Court accept the Commission's findings of fact, conclusions of law, and recommendations for discipline of the Appellee.
Case Number: 2001-188

  Party Name: Attorney Name:  
Appellant: Mississippi Commission on Judicial Performance




LUTHER T. BRANTLEY, III



 

Appellee: Ted L. Blakeney L. WESLEY BROADHEAD  

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Topic: Judicial discipline - Ex parte communication - Canons 1, 2A, B, and 3A(1), (4) - Public reprimand

Summary of the Facts: The Mississippi Commission on Judicial Performance filed a formal complaint against Justice Court Judge Ted Blakeney for judicial misconduct for initiating and participating in an ex parte communication with an officer and advocating that an officer not appear in court on a case assigned to another judge as a means of securing a dismissal of charges. The Commission recommended that Blakeney be publicly reprimanded and be assessed the cost of the proceedings in the amount of $663.59.

Summary of Opinion Analysis: Judge Blakeney has exhibited conduct prejudicial to the administration of justice which brings the judicial office into disrepute and has violated Canons 1, 2A, B, and 3A(1), (4). Sanctions in cases of misconduct of justice court judges should fit the offense and be consistent with other cases. Judge Blakeney had been a justice court judge for three years. The record is silent with regard to any positive contributions which he may have made to the court or community. The magnitude of the offense affects the integrity of the court because he initiated the contact to influence the outcome in cases. The sanction recommended in this case is consistent with other cases where a public reprimand and sanctions have been imposed. Therefore, the Commission’s findings, conclusions and recommendation are adopted.


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