Miss. Comm'n on Judicial Performance v. Gordon
| Docket Number: | 2006-JP-01452-SCT Linked Case(s): 2006-JP-01452-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 05-03-2007 Opinion Author: Dickinson, J. Holding: PUBLIC REPRIMAND: THIRTY DAY SUSPENSION AND PAYMENT OF $100.00 IN COSTS |
|
| Additional Case Information: |
Topic: Judicial discipline - Willful misconduct in office - Fixing tickets - Sanctions Judge(s) Concurring: Carlson and Randolph, JJ. Non Participating Judge(s): Smith, C.J., Waller and Diaz, P.JJ. Concur in Part, Dissent in Part 1: Easley and Graves, JJ. Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
|
| Trial Court: |
Date of Trial Judgment: 08-24-2006 Appealed from: COMMISSION ON JUDICIAL PERFORMANCE Judge: Patricia D. Wise Disposition: The Mississippi Commission on Judicial Performance filed a formal complaint against the Gordon, and the Commission and judge submitted to the supreme court a joint motion for approval of the recommendation of a public reprimand and assessment of costs. Case Number: 2005-164 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
LUTHER T. BRANTLEY
DARLENE D. BALLARD |
||
| Appellee: | Benton Rex Gordon, Jr. | PRO SE |
|
|
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. |
|
| Topic: | Judicial discipline - Willful misconduct in office - Fixing tickets - Sanctions |
| Summary of the Facts: | The Mississippi Commission on Judicial Performance filed a formal complaint against Benton Rex Gordon, Jr., a municipal court judge, alleging willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute after the judge passed fourteen traffic tickets to the file over the objections of the issuing officer. The Commission and judge submitted a joint motion for approval of the recommendation of a public reprimand and assessment of costs. |
| Summary of Opinion Analysis: | Judge Gordon used his position as Municipal Court Judge to fix tickets by “passing” them to the file without requiring the defendants to appear in court and over the objections of the issuing officer. He also engaged in ex parte conversations with defendants. Judge Gordon’s actions violated Canons 1, 2A, 2B, 3A, 3B(2), 3B(7), and 3C(1) of the Mississippi Code of Judicial Conduct and Section 177A of the Mississippi Constitution of 1890, as amended. His conduct constituted willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute. The record does not demonstrate that Judge Gordon’s actions evidence a pattern of misconduct. The violations were relatively close in time and were collectively the subject of one disciplinary action against Judge Gordon. Fixing tickets willfully subverts justice; therefore, Judge Gordon has crossed the line of moral turpitude. Judge Gordon readily acknowledged his inappropriate conduct and took responsibility for his actions. In several prior judicial misconduct cases involving ex parte communications in conjunction with improper ticket fixing, a public reprimand and assessment of costs has been found to be appropriate. However, since Miss. Comm’n on Judicial Performance v. Sanford, the Court has made it very clear that conduct akin to Judge Gordon’s warrants a more severe penalty, including a suspension. Therefore, the Commission’s recommendation should be enhanced to provide for a thirty-day suspension. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
