Miss. Comm'n Judicial Performance v. McPhail
| Docket Number: | 2003-JP-02532-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-27-2004 Opinion Author: Smith, C.J. Holding: PUBLIC REPRIMAND , SUSPENSION WITHOUT PAY FOR 30 DAYS AND COSTS |
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| Additional Case Information: |
Topic: Judicial discipline - Conduct prejudicial to administration of justice Judge(s) Concurring: Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, Easley and Graves, JJ. Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Trial Court: |
Date of Trial Judgment: 11-14-2003 Appealed from: COMMISSION ON JUDICIAL PERFORMANCE Judge: Clarence E. Morgan, III Disposition: Submitted an Agreed Statement of Facts and Proposed Recommendation. Case Number: 2002-125/169 |
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| Note: | judicial performance | |
| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
LUTHER BRANTLEY |
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| Appellee: | Larry McPhail | JAMES K. DUKES, JR. |
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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 - Conduct prejudicial to administration of justice |
| Summary of the Facts: | The Mississippi Commission on Judicial Performance and Justice Court Judge Larry McPhail have filed a Joint Motion for Approval of Recommendations, recommending that Judge McPhail should receive a public reprimand and be suspended without pay for a period of thirty days and assessed with court costs in the amount of $401.14. |
| Summary of Opinion Analysis: | A judge may through negligence or ignorance not amounting to bad faith, behave in a manner prejudicial to the administration of justice so as to bring the judicial office into disrepute. When the total course of Judge McPhail's conduct is considered and given Judge McPhail’s agreement to the findings and recommendation, it is clear that the Commission's findings are correct and that his conduct constitutes conduct prejudicial to the administration of justice which beings the judicial office into disrepute. The proposed sanction is consistent with prior decisions. |
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