Miss. Comm'n on Judicial Performance v. Pittman
| Docket Number: | 2008-JP-00125-SCT Linked Case(s): 2008-JP-00125-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 10-02-2008 Opinion Author: WALLER, P.J. Holding: PUBLIC REPRIMAND AND ASSESSMENT OF COSTS IN THE AMOUNT OF $100. Judge Edwin L. Pittman, Jr., formerly Municipal Court Judge for Hattiesburg, Mississippi, shall be publicly reprimanded in open court when the venire panel meets by the Presiding Judge of the Forrest County Circuit Court on the first day of the next term of that court after this decision becomes final and is assessed costs in the amount of $100. |
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| Additional Case Information: |
Topic: Judicial discipline - Willful misconduct in office - Public reprimand Judge(s) Concurring: CARLSON, DICKINSON, RANDOLPH AND LAMAR, JJ. Non Participating Judge(s): SMITH, C.J., AND DIAZ, P.J. Concur in Part, Dissent in Part 1: EASLEY, J. with separate written opinion. Concurs in Result Only: Graves, J. Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Trial Court: |
Date of Trial Judgment: 01-17-2008 Judge: Patricia D. Wise Case Number: 2006-129 |
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| Party Name: | Attorney Name: | |||
| Appellant: | MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE |
LUTHER T. BRANTLEY, III |
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| Appellee: | EDWIN L. PITTMAN, JR. | JERRY L. MILLS |
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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 has recommended that Edwin Pittman, Jr., municipal court judge for Hattiesburg, be publicly reprimanded and assessed the costs in the amount of $100, for representing a defendant after Pittman had presided over proceedings concerning this same defendant, on the same criminal charges. |
| Summary of Opinion Analysis: | Pittman, acting in his official capacity, signed a warrant for the arrest of Arturo Moreno for the charge of DUI manslaughter and two counts of DUI mayhem. Pittman later signed additional court documents in the matter, including an order setting bond for Moreno in the amount of $150,000. After acting in his judicial capacity in the case against Moreno, Pittman accepted $4,000 from Moreno’s family as a retainer to represent Moreno in these same criminal charges. A judge engages in willful misconduct in office by intentionally, or with gross unconcern, misusing the power of his or her office. Pittman’s conduct constituted willful misconduct and conduct prejudicial to the administration of justice which brings the judicial office into disrepute. Although Pittman’s actions were prejudicial to the administration of justice, he did not attempt to impede or interfere with the judicial process. Pittman acknowledged his inappropriate conduct by entering into the Agreed Statement of Facts and Proposed Recommendation with the Commission. Additionally, Pittman has resigned as municipal court judge. Therefore, it is ordered that Pittman be publicly reprimanded and taxed with the costs of this proceeding in the amount of $100. |
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