Miss. Comm'n on Judicial Performance v. Carr


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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

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

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



 

Appellee: PAT CARR JASON D. HERRING  

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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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