Miss. Comm'n on Judicial Performance v. DeLaughter


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Docket Number: 2008-JP-00460-SCT
Linked Case(s): 2008-JP-00460-SCT

Supreme Court: Opinion Link
Opinion Date: 03-04-2010
Opinion Author: Graves, P.J.
Holding: Removed from office; REMOVED FROM OFFICE; MOTION TO DISMISS ORDER OF INTERIM SUSPENSION DISMISSED

Additional Case Information: Topic: Judicial discipline - Resignation from office - Removal from office
Judge(s) Concurring: Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ.
Dissenting Author : Waller, C.J., with separate written opinion.
Dissent Joined By : Joined In Part by Dickinson, J.
Dissenting Author : Dickinson, J. With Separate Written Opinion.
Dissent Joined By : Joined In Part by Waller, C.J.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - JUDICIAL PERFORMANCE

  Party Name: Attorney Name:  
Appellant: Mississippi Commission on Judicial Performance




DARLENE D. BALLARD



 

Appellee: Bobby B. DeLaughter CYNTHIA H. SPEETJENS  

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Topic: Judicial discipline - Resignation from office - Removal from office

Summary of the Facts: The Mississippi Commission on Judicial Performance previously filed a Petition for Interim Suspension of Circuit Court Judge Bobby DeLaughter as a result of two pending judicial complaints. Those formal complaints, Numbers 2008-022 and 2008-027, alleged that DeLaughter committed multiple counts of judicial misconduct in two separate cases. Thereafter, DeLaughter was indicted on federal charges of bribery, conspiracy, mail fraud and obstruction of justice. Pursuant to a plea agreement, DeLaughter admitted his guilt to charges of “obstructing, influencing and impeding an official federal corruption investigation and grand jury proceeding.” The Commission filed a Motion to Dismiss Order of Interim Suspension. As a basis for the motion, the Commission states that, “[i]n exchange for the dismissal of the underlying Formal Complaints pending before the Commission, [DeLaughter] agrees that he will not seek judicial office or otherwise serve in any judicial capacity at any time in the future.” The federal plea agreement attached as an exhibit to the Commission’s motion does not contain any provision wherein DeLaughter agrees never to seek judicial office in the future. Likewise, DeLaughter’s letter of resignation does not contain any statement indicating his agreement not to seek judicial office in the future.

Summary of Opinion Analysis: The Commission has exceeded its constitutional authority. The Court has neither been presented with nor asked to approve any agreement between the Commission and DeLaughter. What the Court has been presented with are admitted acts of criminal and judicial misconduct. The Court cannot ignore the serious, willful nature of the admitted acts of criminal and judicial misconduct. Further, the Court cannot allow the dismissal of formal complaints in two separate cases pursuant to DeLaughter’s resignation or any mere agreement not to seek judicial office in the future. DeLaughter’s resignation is of no effect as regards sanctions. Based upon the seriousness of his admitted criminal acts and judicial misconduct, DeLaughter shall be removed from office.


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