Miss. Comm'n on Judicial Performance v. Boland
| Docket Number: | 2007-JP-00661-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 02-28-2008 Opinion Author: EASLEY, J. Holding: PUBLIC REPRIMAND AND ASSESSMENT OF COSTS IN THE AMOUNT OF $4,108.42. This Court adopts the Commission’s recommendation. However, we find that Judge Boland’s conduct violated only Canons 1, 2A, and 3C(1) of the Code of Judicial Conduct. |
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| Additional Case Information: |
Topic: Judicial discipline - Restricting testimony - Freedom of speech - Willful misconduct - Public reprimand Judge(s) Concurring: Dickinson, Randolph and Lamar, JJ. Judge(s) Concurring Separately: Carlson, J., Specially Concurs With Separate Written Opinion Joined In Part by Graves, J. Non Participating Judge(s): Smith, C.J., Waller and Diaz, P.JJ. Concurs in Result Only: Graves, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Trial Court: |
Date of Trial Judgment: 03-21-2007 Appealed from: MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE Judge: Frank M. Coleman Disposition: The Commission found that Judge Boland’s conduct violated Canons 1, 2A, 3B(4), 3B(5), and 3C of the Code of Judicial Conduct, and that it constituted willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute pursuant to Article 6, Section 177A, of the Mississippi Constitution of 1890, as amended. The Commission recommended to this Court that Judge Boland publicly be reprimanded and assessed the costs of this proceeding in the amount of $4,108.42. Case Number: 2005-261/262 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
LUTHER T. BRANTLEY, III,
DARLENE BALLARD,
AYANNA BATISTE |
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| Appellee: | Nicki M. Boland | ALEX A. ALSTON, 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 - Restricting testimony - Freedom of speech - Willful misconduct - Public reprimand |
| Summary of the Facts: | The Mississippi Commission on Judicial Performance filed a formal complaint against Nicki M. Boland, Justice Court Judge for Hinds County, District One, alleging judicial misconduct. Judge Boland filed an answer to the formal complaint, denying the claims. After holding hearings, the Commission found that Judge Boland’s conduct violated Canons 1, 2A, 3B(4), 3B(5), and 3C of the Code of Judicial Conduct, and that it constituted willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute. The Commission recommended that Judge Boland publicly be reprimanded and assessed the costs of this proceeding in the amount of $4,108.42. |
| Summary of Opinion Analysis: | Issue 1: Restricting testimony Judge Boland argues that the Commission erred by restricting some witnesses’ testimony and refusing to allow other witnesses’ testimony altogether. A review of the record and the attached exhibits at issue reveal that the Commission was correct in its finding that the testimony from three witnesses amounted to character testimony. This testimony was duplicative of that of other character witnesses who testified on Judge Boland’s behalf, and it was properly excluded by the Commission. Issue 2: Freedom of speech Judge Boland argues that her comments at the National Drug Court Institute certification seminar in Dallas were matters of public concern and are protected by freedom of speech. The remarks made by Judge Boland and heard by a number of participants who testified or gave deposition testimony before the Commission were to the effect that the members of Hinds County Board of Supervisors were ignorant; some of the justice court judges were on the same level as those who appeared before her in court; participant Jennifer Riley-Collins was told to “get the hell out” of the room; and that African-Americans in Hinds County could “go to hell for all I care.” Judge Boland’s statements are not protected by the First Amendment. Judge Boland attended that conference in her official capacity as a justice court judge for Hinds County. During the course of the conference, progress slowed and Judge Boland became frustrated with the lack of progress. Her remarks were disparaging insults and not matters of legitimate public concern. The conference was not a forum for expressing personal concerns about the alleged lack of educational background or demeanor of fellow judges or the alleged lack of intelligence of supervisors, nor was it the proper place for an alleged personal attack on a team participant, or an alleged attack on residents of Hinds County. Since Judge Boland’s comment was not made within the content, form or context of a matter of legitimate public concern, her comment was not protected by the First Amendment. Issue 3: Willful misconduct Judge Boland had an outburst and made a statement which was derogatory in nature to African-Americans in Hinds County. Whether this behavior was actually willful is of no consequence since a judge may also, 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. Thus, Judge Boland’s conduct constitutes willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute. Issue 4: Public reprimand There is precedent for imposing a public reprimand and suspension from office for a period of time, and assessing the costs of these proceedings. However, Judge Boland was defeated in a recent election and no longer holds the office of Justice Court Judge for Hinds County, District One, Mississippi. Therefore, any imposition of a suspension from office is moot. Judge Boland shall be publicly reprimanded and assessed all costs associated with this proceeding, amounting to $4,1078.42. |
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