Miss. Comm'n on Judicial Performance v. Roberts
| Docket Number: | 2006-JP-01016-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 03-29-2007 Opinion Author: GRAVES, J. Holding: The supreme court adopted the Commission’s recommendation and orders that Judge Roberts be publicly reprimanded, suspended for thirty (30) days without pay, fined $1,500 and assessed costs of $100. |
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| Additional Case Information: |
Topic: Judicial discipline - Willful misconduct in office - Public reprimand - Suspension without pay Judge(s) Concurring: Smith, C.J., Easley and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Concur in Part, Concur in Result 1: Waller, P.J. Concurs in Result Only: Cobb, P.J. Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Trial Court: |
Date of Trial Judgment: 06-16-2006 Judge: Patricia D. Wise Disposition: The Mississippi Commission on Judicial Performance recommended that Harrison County Justice Court Judge Bruce Roberts be publicly reprimanded, suspended for thirty (30) days without pay, fined $1,500 and assessed costs of $100 for judicial misconduct. Case Number: 2005-037 |
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| Note: | Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance filed pro se by Bruce Roberts is granted. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
LUTHER T. BRANTLEY, III |
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| Appellee: | Bruce Roberts | 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 - Willful misconduct in office - Public reprimand - Suspension without pay |
| Summary of the Facts: | The Mississippi Commission on Judicial Performance recommended that Harrison County Justice Court Judge Bruce Roberts be publicly reprimanded, suspended for thirty days without pay, fined $1,500 and assessed costs of $100 for judicial misconduct. Judge Roberts does not deny the misconduct but asks the Court to consider mitigating evidence and, at most, to adopt the Commission’s recommendations. |
| Summary of Opinion Analysis: | As there is no dispute of relevant facts and because Judge Roberts admits that his actions were in violation of the judicial canons, the Court must determine the appropriate sanctions. Judge Roberts is serving his first term as a Justice Court Judge and has no previous formal complaints filed against him. Roberts violated various judicial canons numerous times. Roberts had multiple complaints filed against him, but no formal complaints previously filed by the Commission. Moral turpitude was not involved, and Roberts did not gain personally or financially from his actions. Roberts has no previous record of judicial misconduct with the Commission. Judge Roberts’ actions involved procedural matters and ignorance of the law. There are no allegations that Judge Roberts attempted to fix a ticket or to improperly influence the outcome of a Driving Under the Influence charge. Likewise, there are no allegations that Judge Roberts engaged in any deceitful, corrupt, or in any other way immoral activity. Given these facts, Judge Roberts will be publicly reprimanded, suspended for thirty days without pay, fined $1,500 and assessed costs of $100 for judicial misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute. |
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