Miss. Comm'n on Judicial Performance v. Westfaul
| Docket Number: | 2007-JP-00279-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 08-16-2007 Opinion Author: RANDOLPH, J. Holding: PUBLIC REPRIMAND; AND ASSESSMENT OF COSTS IN THE AMOUNT OF $100.00 |
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| Additional Case Information: |
Topic: Judicial discipline - Public reprimand Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Lamar, JJ. Non Participating Judge(s): Diaz, P.J. Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Trial Court: |
Date of Trial Judgment: 02-09-2007 Appealed from: Commission on Judicial Performance Judge: Patricia D. Wise Disposition: The Commission approved the recommendation that Judge Westfaul be publicly reprimanded and fined $100. Case Number: 2006-064 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
LUTHER T. BRANTLEY, III
DARLENE D. BALLARD |
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| Appellee: | Darrin J. Westfaul | PRO SE |
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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 - Public reprimand |
| Summary of the Facts: | Darrin Westfaul, Municipal Judge Pro Tem of Batesville, Municipal Judge of Pope, and Municipal Judge of Courtland, was charged with driving under the influence, first offense. He pled guilty to the charge and was fined $1,043; ordered to attend Mississippi Alcohol Safety Education Program classes; ordered to attend a victim’s impact panel session; and sentenced to two days in jail, suspended on two years good behavior. The fine was paid in full and Judge Westfaul attended all programs as ordered. The Mississippi Commission on Judicial Performance filed a Formal Complaint against Judge Westfaul. An Agreed Statement of Facts and Proposed Recommendation was filed by both counsel for the Commission and the Respondent in which the Commission and Judge Westfaul proposed that Judge Westfaul be publicly reprimanded and assessed the costs of the proceeding, $100. |
| Summary of Opinion Analysis: | Judge Westfaul has been Municipal Judge Pro Tem of Batesville for eleven years, Municipal Judge of Courtland for five and a half years and Municipal Judge of Pope for five years. Judge Westfaul self-reported his violation and accepted responsibility for his actions and then accepted his conviction and punishment expeditiously. The record indicated that as a result of Judge Westfaul’s offense, no one was physically harmed, nor was there any property damage. This is an isolated incident, and no moral turpitude was involved. While first-offense driving under the influence is a serious matter, Judge Westfaul’s conduct did not willfully subvert justice and does not involve moral turpitude. Judge Westfaul has no prior disciplinary history. Given these facts, the sanctions imposed by the Commission are commensurate with the violation. |
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