Miss. Comm'n on Judicial Performance v. Carr
Docket Number: | 2008-JP-00908-SCT | |
Supreme Court: | Opinion Link Opinion Date: 09-18-2008 Opinion Author: CARLSON, J. Holding: SUSPENSION FROM OFFICE FOR SIXTY (60) DAYS WITHOUT PAY; PUBLIC REPRIMAND; FINE OF $2,000; AND ASSESSMENT OF COSTS IN THE AMOUNT OF $100.00 |
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Additional Case Information: |
Topic: Judicial discipline - Ex parte communications - Public reprimand - Suspension Judge(s) Concurring: SMITH, C.J., WALLER, P.J., DICKINSON, RANDOLPH AND LAMAR, JJ. Non Participating Judge(s): DIAZ, P.J., AND EASLEY, J. 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: 05-27-2008 Appealed from: MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE Judge: Patricia D. Wise Case Number: 2007-123/139 |
Party Name: | Attorney Name: | |||
Appellant: | MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE |
LUTHER T. BRANTLEY, III,
DARLENE D. BALLARD |
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Appellee: | PAT CARR | JASON D. HERRING |
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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. |
Topic: | Judicial discipline - Ex parte communications - Public reprimand - Suspension |
Summary of the Facts: | The Mississippi Commission on Judicial Performance filed a formal complaint charging Lee County First District Justice Court Judge Pat Carr, who also serves as municipal court judge for the cities of Guntown and Saltillo, with willful misconduct in office and conduct prejudicial to the administration of justice which brings the office into disrepute. The Commission and Judge Carr filed a Joint Motion for Recommendation, and the Commission recommends that Judge Carr be publicly reprimanded, suspended from the office of justice court judge, District One, Lee County, and municipal court judge for the cities of Gunman and Saltillo, for a period of sixty days without pay, fined $2,000, and assessed costs in the sum of $100. |
Summary of Opinion Analysis: | Judge Carr engaged in ex parte communications with members of the community regarding a person’s removal of fence pieces from a private cemetery. Based on these ex parte communications, Judge Carr, along with two Lee County sheriff’s deputies, went to this person’s home and engaged in threatening conversations with her about the missing fence pieces. Although there were no criminal or civil charges against this person, Judge Carr used the power and influence of his office as a judge and ordered her to return the fence pieces to the cemetery. Judge Carr’s conduct constitutes willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute. Judge Carr has been a justice court judge since 1991. The nature of the conduct was a gross abuse of Judge Carr’s power to act in his official capacity as justice court judge. The record reveals other incidents that demonstrate this type of behavior involving a pattern of judicial misconduct by Judge Carr. Moral turpitude was involved in Judge Carr’s conduct. Given these facts, Judge Carr will be publicly reprimanded, suspended from the offices of justice court judge, District One, Lee County, and municipal court judge for the cities of Guntown and Saltillo for a period of sixty days, without pay, and assessed a fine of $2,000, plus costs of $100. |
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