Misss. Comm'n on Judicial Performance v. Anderson
| Docket Number: | 2009-JP-01880-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 04-22-2010 Opinion Author: Chief Justice Waller Holding: Publicly reprimanded, suspended without pay for 30 days, and assessed costs. |
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| Additional Case Information: |
Topic: Judicial discipline - Willful misconduct - Sanctions |
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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 - Sanctions |
| Summary of the Facts: | The Mississippi Commission on Judicial Performance initiated proceedings against Lamar County Justice Court Judge Bill Anderson. The Commission recommends that Judge Anderson be publicly reprimanded, suspended from the office of justice court judge for thirty days without pay, and assessed costs of $100. |
| Summary of Opinion Analysis: | Issue 1: Willful misconduct Willful misconduct in office is the improper or wrongful use of power of his office by a judge acting intentionally or with gross unconcern for his conduct and generally in bad faith. It involves more than an error of judgment or a mere lack of diligence. Necessarily, the term would encompass conduct involving moral turpitude, dishonesty, or corruption, and also any knowing misuse of the office, whatever the motive. Negligence, ignorance, and incompetence are conduct sufficient to be prejudicial to the administration of justice which brings the judicial office into disrepute. Judge Anderson has agreed to the Commission’s findings of fact and recommendation and has joined the Commission’s motion for approval of recommendations. Further, Judge Anderson acknowledges that he engaged in the conduct in violation of the Code of Judicial Conduct. Issue 2: Sanctions The Commission supports its recommended sanctions by citing various cases in which the judge engaged in similar conduct as Judge Anderson and thus received similar sanctions. Judge Anderson has served as Justice Court Judge for 19 years. He failed to issue rulings in cases, refused to rule in certain criminal cases pending the outcome of a non-issue related Chancery Court case, engaged in ex parte communication with a litigant and based upon that information issued an arrest warrant, held a defendant without bond on a non-capital offense, acquired ex parte information by sitting in on a Chancery Court hearing involving parties that have cases pending before him in Justice Court, improperly reduced a defendant’s bond, behaved with impropriety or the appearance of impropriety toward certain litigants and/or persons related to litigants that have cases pending in his court, refused to reduce a defendant’s bond based upon information he received ex parte and allowed testimony at a defendant’s preliminary hearing about “alleged threats” that were supposedly made against him by the defendant. Such allegations erode the public’s perception of the integrity and impartiality of the judiciary. The Commission took informal Commission action against the judge in three separate matters. No moral turpitude was involved. Previous sanctions against the judge stemmed from conduct that is the same as or very similar to Judge Anderson’s misconduct in the instant case. Because of Judge Anderson’s prior warnings, cautions, reprimands, and fines, it is appropriate to increase the sanctions. To accomplish this, the Commission has suggested the additional sanction of a thirty-day suspension without pay, to which Judge Anderson has agreed. The Commission’s recommendation is adopted. |
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