Miss. Comm'n on Judicial Performance v. Osborne


<- Return to Search Results


Docket Number: 2003-JP-00057-SCT
Linked Case(s): 2003-JP-00057 ; 2003-JP-00057 ; 2003-JP-00057

Supreme Court: Opinion Link
Opinion Date: 07-01-2004
Opinion Author: Graves, J.
Holding: PUBLIC REPRIMAND; INTERIM SUSPENSION RESCINDED AND JUDGE OSBORNE REINSTATED TO OFFICE; AND ASSESSED THE COSTS OF THIS PROCEEDING

Additional Case Information: Topic: Judicial performance - Practicing law - Section 9-1-25 - Section 9-9-9 - Sanctions - Public reprimand
Judge(s) Concurring: Waller, P.J. and Easley, J.
Judge(s) Concurring Separately: Dickinson, J., Specially Concurs With Separate Written Opinion, Joined by Waller and Cobb, P.JJ., Easley and Randolph, JJ. Join In Part.
Non Participating Judge(s): Diaz, J.
Concur in Part, Dissent in Part 1: Smith, C.J.
Concur in Part, Dissent in Part Joined By 1: Carlson and Randolph, JJ.
Concurs in Result Only: Cobb, P.J., Concurs in Result Only Without Separate Written Opinion
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - JUDICIAL PERFORMANCE

Trial Court: Date of Trial Judgment: 02-25-2004
Appealed from: COMMISSION ON JUDICIAL PERFORMANCE
Judge: Patricia D. Wise
Disposition: Recommended that the supreme court publicly reprimand Judge Osborne, rescind his temporary suspension, reinstate him to office, and order him to pay costs of the proceeding.
Case Number: 2002-197

Note: The interim suspension of Judge Solomon C. Osborne is terminated effective July 1, 2004, and he shall resume his duties on such date.

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




LUTHER T. BRANTLEY, III DARLENE BALLARD



 

Appellee: Solomon C. Osborne LEONARD McCLELLAN  

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.

Topic: Judicial performance - Practicing law - Section 9-1-25 - Section 9-9-9 - Sanctions - Public reprimand

Summary of the Facts: Leflore County Court Judge Solomon Osborne filed on behalf of clients five complaints in chancery courts, one complaint in circuit court, and two petitions in bankruptcy court. The Mississippi Commission on Judicial Performance filed a formal complaint against Judge Osborne alleging that Judge Osborne continued to practice law after his appointment to the bench. After a hearing, the Commission recommended that Judge Osborne be publicly reprimanded and ordered to pay costs of the proceeding.

Summary of Opinion Analysis: Issue 1: Practicing law Section 9-1-25 provides that while it is not lawful for a judge to engage in the practice of law, this shall not prohibit a judge from practicing in any of the courts for a period of six months from the time the judge assumes office so far as to enable him to bring a conclusion to cases actually pending when he was appointed in which the judge was then employed. Section 9-9-9 extends the prohibition against practicing law to county judges. Judge Osborne filed new actions, either complaints or petitions, within the six month “winding down” period. Although the term “pending cases” is somewhat ambiguous, it is clear that filing new actions in no way constitutes concluding cases actually pending. Therefore, the actions of filing new complaints or petitions by Judge Osborne constitutes “practicing law” under section 9-1-25. Issue 2: Sanctions Judge Osborne did not willfully abuse the privilege of his office in filing the new complaints. He simply misinterpreted the statute allowing a judge six months to wind down his practice. However, regardless of whether a judge’s misconduct arises from bad faith or ignorance, sanctions must be imposed. Judge Osborne acted out of ignorance or misinterpretation of the statute. This does not constitute “willful misconduct” that warrants removal from office. Furthermore, the record shows that Judge Osborne did attempt to “wind down” his practice. Therefore, the Commission’s findings and recommendations are adopted.


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court