Miss. Comm'n on Judicial Performance v. Hartzog
| Docket Number: | 2002-JP-00255-SCT Linked Case(s): 2002-JP-00255-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 11-18-2004 Opinion Author: Waller, P.J. Holding: PUBLIC REPRIMAND, PAYMENT OF COSTS, AND A FINE |
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| Additional Case Information: |
Topic: Judicial discipline - Willful misconduct - Sanctions - Public reprimand Judge(s) Concurring: Smith, C.J., Cobb, P.J., Easley, Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz and Graves, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Trial Court: |
Date of Trial Judgment: 06-11-2004 Appealed from: COMMISSION ON JUDICIAL PERFORMANCE Judge: Patricia D. Wise Disposition: Joint recommendation for public reprimand, costs and fined. Case Number: 2001-242 |
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| Note: | judicial performance | |
| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
LUTHER T. BRANTLEY, III |
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| Appellee: | Johnny C. Hartzog | EDWARD J. PETERS |
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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 - Sanctions - Public reprimand |
| Summary of the Facts: | The Mississippi Commission on Judicial Performance and Jefferson Davis County Justice Court Judge Johnny Hartzog have jointly recommended that Judge Hartzog be publicly reprimanded for judicial misconduct, assessed the costs of the proceedings, and fined $4056.30 for his involvement in writing over $330,000 in bad checks. |
| Summary of Opinion Analysis: | Issue 1: Willful misconduct Because Judge Hartzog has joined the Commission's motion for approval of its recommendations, he acknowledges that his actions constituted willful misconduct prejudicial to the administration of justice which brought the judicial office into disrepute. Issue 2: Sanctions The appropriateness of judicial sanctions must be assessed based on the length and character of the judge's public service; whether there is any prior case law on point; the magnitude of the offense and the harm suffered; whether the misconduct is an isolated incident or evidences a pattern of conduct; whether moral turpitude was involved; and the presence or absence of mitigating or aggravating circumstances. Judge Hartzog has been a justice court judge for over twenty years. There is no evidence of the character of his public service. In a similar case, the punishment given was public reprimand, a fine of $1500, and suspension for thirty days without pay. Although writing checks for insufficient funds is reprehensible conduct for a judge, usually it must be in conjunction with some other inappropriate act or acts before doing so warrants removal. Notwithstanding the harm done to the public confidence in the judiciary of Jefferson Davis County, any economic injury suffered by the businesses has been repaid. Judge Hartzog has been disciplined in the past. The conduct at hand as well as the conduct for which Judge Hartzog has been previously reprimanded evidences a pattern of carelessness in his personal and professional dealings. Writing checks for such a great amount of money without knowing whether his and another’s account was open was an act of dishonesty that carelessly put at risk other people's economic livelihood. Given these facts, the joint recommendation of the Commission and Judge Hartzog is adopted. |
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