Miss. Comm'n on Judicial Performance v. Martin
| Docket Number: | 2007-JP-01617-SCT Linked Case(s): 2007-JP-01617-SCT ; 2007-JP-01617-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 12-04-2008 Opinion Author: Dickinson, J. Holding: The joint motion for rehearing is granted. The order previously entered by this Court on February 28, 2008, is dismissed and these opinions are substituted therefor. Dismissed. |
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| Additional Case Information: |
Topic: Judicial discipline - Authority of Commission on Judicial Peformance Judge(s) Concurring: Waller, P.J., Easley, Carlson and Lamar, JJ. Judge(s) Concurring Separately: Randolph, J., Specially Concurs With Separate Written Opinion Joined by Carlson and Dickinson, JJ. Non Participating Judge(s): Smith, C.J., and Diaz, P.J. Concurs in Result Only: Graves, J. Procedural History: Motion for Rehearing Nature of the Case: Motion for Rehearing; CIVIL - JUDICIAL PERFORMANCE |
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| Note: | The motion for rehearig was filed on 3/27/2008. | |
| Party Name: | Attorney Name: | |||
| Appellant: | MISSISSIPPI COMMISSION ON JUDICIAL
PERFORMANCE |
LUTHER BRANTLEY;
IRENE M. BUCKLEY |
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| Appellee: | JUDY CASE MARTIN | JOHN W. KITCHENS |
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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 - Authority of Commission on Judicial Peformance |
| Summary of the Facts: | The joint motion for rehearing is granted. The order previously entered is dismissed and these opinions are substituted therefor. The Commission on Judicial Performance filed a Formal Complaint against Judge Judy Case Martin, formerly Justice Court Judge for Post One, Lincoln County. In addition to its Formal Complaint, the Commission petitioned the Supreme Court for an order of interim suspension, pending the Commission’s continuing investigation into the matter. The Commission later petitioned the Court to allow it to withdraw the petition for interim suspension, because the Commission and the Respondent had entered into an agreement resolving the matter. The Court denied the motion and ordered the interim suspension of Judge Martin. Thereafter, the Commission and Judge Martin filed a joint motion, asking the Court to reconsider its previous order denying the motion to withdraw the petition for interim suspension. |
| Summary of Opinion Analysis: | The constitution grants the Commission no direct authority or power to order punishment. Nor does it authorize the Commission to enter into a settlement agreement or memorandum of understanding which bypasses its constitutional mandate to make recommendations for punishment to the Court. However, the Commission is certainly free to agree to recommend to the Court approval of a memorandum of understanding which is supported by the facts. Where the Commission finds judicial misconduct within one of the five categories under Section 177A, failure to report such findings to the Court, and disposal of the violation by agreement, settlement, or memorandum of understanding between the respondent and the Commission, are beyond the Commission’s constitutional authority. The fault for the Commission’s unauthorized settlement and memorandum of understanding in this case does not lie with the Commission, but rather with the lack of clarity in the language of Rule 6B of the Rules of the Mississippi Commission on Judicial Performance. The only offenses for which a judge may be punished, and the only punishments which may be ordered, are those enumerated in Section 177A, and it is within the exclusive duty and authority of the Supreme Court to determine and order the appropriate punishments. In this case, because Judge Martin has resigned her office, the order of interim suspension should be, and hereby is, dismissed as moot. |
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