Miss. Comm'n on Judicial Performance v. Buffington
| Docket Number: | 2010-JP-00871-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 02-17-2011 Opinion Author: Graves, P.J. Holding: Publicly reprimanded and assessed costs of $100 |
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| Additional Case Information: |
Topic: Judicial discipline - Willful misconduct in office - Public reprimand Judge(s) Concurring: Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Non Participating Judge(s): Waller, C.J. Nature of the Case: CIVIL - JUDICIAL PERMORANCE |
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| Trial Court: |
Date of Trial Judgment: 05-25-2010 Judge: H. DAVID CLARK, II |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE: DARLENE D. BALLARD |
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| Appellee: | Larry Buffington | J. ASHLEY OGDEN |
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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 |
| Summary of the Facts: | The Mississippi Commission on Judicial Performance recommended that Chancellor Larry Buffington be publicly reprimanded for judicial misconduct and assessed costs of the proceedings in the amount of $100. Judge Buffington and the Commission filed a Joint Motion for Approval of Recommendations Filed by the Mississippi Commission on Judicial Performance. |
| Summary of Opinion Analysis: | The Commission found by clear and convincing evidence that Judge Buffington had violated Canons 1, 2A, 3B(2), and 3C(1) of the Code of Judicial Conduct of Mississippi and that Judge Buffington had engaged in willful misconduct in office and conduct prejudicial to the administration of justice which brings the office into disrepute. 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. A specific intent to use the powers of the judicial office to accomplish a purpose which the judge knew or should have known was beyond the legitimate exercise of his authority constitutes bad faith. Judge Buffington admitted that he had failed to comply with the law in issuing two subpoenas and stated that he did not care that he had failed to comply with the law. Judge Buffington acknowledges that his actions constituted willful misconduct in office prejudicial to the administration of justice which brought the judicial office into disrepute. Judge Buffington will be publicly reprimanded pursuant to Section 177A of the Mississippi Constitution of 1890, as amended, and assessed with costs of the proceeding in the amount of $100. |
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