Miss. Comm'n on Judicial Performance v. Wilkerson
| Docket Number: | 2002-JP-02105-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 07-01-2004 Opinion Author: Dickinson, J. Holding: Dismissed With Prejudice |
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| Additional Case Information: |
Topic: Judicial performance - Political/public interest speech - Compelling state interest Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley and Randolph, JJ. Judge(s) Concurring Separately: Randolph, J., Specially Concurs with Separate Written Opinion Joined by Smith, C.J, Waller, P.J., Easley and Dickinson. Non Participating Judge(s): Cobb, P.J., and Diaz, J. Dissenting Author : Carlson, J. Dissent Joined By : Graves, J. Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Trial Court: |
Date of Trial Judgment: 12-13-2002 Appealed from: COMMISSION ON JUDICIAL PERFORMANCE Judge: Clarence E. Morgan, III Case Number: 2002-092 |
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| Note: | Nature of Case: Judicial Performance | |
| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
LUTHER T. BRANTLEY, III |
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| Appellee: | Connie Glen Wilkerson | STEPHEN CRAMPTON MICHAEL J. DEPRIMO |
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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 performance - Political/public interest speech - Compelling state interest |
| Summary of the Facts: | After reading an article about certain states which have chosen to extend to homosexual partners the same right to sue previously reserved for spouses and family members, George County Justice Court Judge Connie Glen Wilkerson felt compelled to make known his disagreement with those states, and his views on homosexuality in general. The judge sent a letter to the editor of his local weekly newspaper. The letter provided no reference to his official capacity as a judge. Following publication, a reporter from a radio network called the judge at home to discuss the letter. A complaint was filed with the Mississippi Commission on Judicial Performance which requests that the judge be sanctioned. |
| Summary of Opinion Analysis: | Sanctions for violation of a Canon cannot be imposed where doing so would infringe on rights guaranteed under the First Amendment, including the freedom of speech. The extension of certain rights to gays and lesbians has become an important political public issue. Thus, this case unquestionably involves political/public interest speech. Where the government seeks to restrain political/public issue speech, it must withstand strict scrutiny, which requires the government to demonstrate that the restraint is narrowly tailored to serve a compelling state interest. The Commission articulated a compelling state interest: “impartiality of the judiciary.” The Commission must also demonstrate how preventing judges from announcing their views on gay rights will serve to achieve that “compelling state interest.” This it never did. Instead, it equated “impartiality of the judiciary” with “the appearance of impartiality of the judiciary.” There is no compelling state interest in requiring a partial judge to keep quiet about his prejudice so that he or she will appear impartial. Judge Wilkerson may not be sanctioned for his statements which are protected by the First Amendment. |
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