Miss. Comm'n on Judicial Performance v. Thompson
| Docket Number: | 2007-JP-01484-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 01-17-2008 Opinion Author: Carlson, J. Holding: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance is granted. See Opinion of this Court handed down this date; PUBLIC REPRIMAND AND ASSESSMENT OF COSTS IN THE AMOUNT OF $100.00 |
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| Additional Case Information: |
Topic: Judicial discipline - Willful misconduct in office - Public reprimand Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley, Graves, Dickinson, Randolph and Lamar, JJ. Non Participating Judge(s): Diaz, P.J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Trial Court: |
Date of Trial Judgment: 08-23-2007 Appealed from: MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE Judge: Patricia D. Wise Disposition: The Mississippi Commission on Judicial Performance (Commission) filed a Formal Complaint charging Lee County Fourth District Justice Court Judge Rickey W. Thompson with willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute, thus causing such alleged conduct to be actionable pursuant to the provisions of Article 6, Section 177A of the Mississippi Constitution of 1890; the Commission and Judge Thompson submitted to us a joint motion for approval of a recommendation that Judge Thompson be publicly reprimanded and assessed with costs. Case Number: 2006-114 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
DARLENE D. BALLARD,
AYANNA BATISTE |
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| Appellee: | Rickey W. Thompson | WILLIAM C. MURPHREE |
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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 in office - Public reprimand |
| Summary of the Facts: | The Mississippi Commission on Judicial Performance filed a Formal Complaint charging Lee County Fourth District Justice Court Judge Rickey W. Thompson with willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute. Eventually, the Commission and Judge Thompson submitted to the Court a joint motion for approval of a recommendation that Judge Thompson be publicly reprimanded and assessed with costs. |
| Summary of Opinion Analysis: | While Judge Thompson readily admits the violation of Canons 1, 2B and 3B(2) of the Code of Judicial Conduct, the facts of this case likewise support a finding that Judge Thompson violated these canons, and is thus guilty of willful misconduct while in office. Judge Thompson, in the presence of the affiant, Moody, unquestionably interjected himself into a case (from which he had already in essence “recused” himself) by informing Judge Sheffield that he (Judge Thompson) wanted to talk to Judge Sheffield before he (Judge Sheffield) signed the arrest warrant on Moody’s sister, Gill. When Judge Sheffield refused, Judge Thompson angrily left Judge Sheffield’s office. After Judge Sheffield executed the arrest warrant for Gill, Moody left Judge Sheffield’s office to “walk” the warrant down to the Justice Court Clerk’s office to be processed, whereupon Judge Thompson told one of the justice court deputy clerks not to issue the warrant, and she complied with Judge Thompson’s request. A different justice court deputy clerk later issued the duly executed arrest warrant, and Gill was arrested and released on her own recognizance. These actions constitute willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute. Judge Thompson’s actions, while highly improper, do not rise to the level of moral turpitude. Judge Thompson previously has been disciplined via private admonishment for engaging in ex parte communications with parties concerning a pending matter. Judge Thompson did step up and accept responsibility for his conduct and is willing to be held accountable for his actions. The recommendation of a public reprimand is consistent with similar cases. Thus, the joint recommendation by the Commission and Judge Thompson is adopted in toto. |
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