Miss. Comm'n on Judicial Performance v. Patton
| Docket Number: | 2010-JP-01387-SCT Linked Case(s): 2010-JP-01387-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 03-31-2011 Opinion Author: Lamar, J. Holding: Publicly reprimanded, suspended without pay for 30 days, assessed $1000 in fines and $100 in costs. |
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| Additional Case Information: |
Topic: Judicial discipline - Willful misconduct in office - Ex parte communications - Misuse of contempt power - Failure to properly notice hearings - Issuing search warrant without legal authority - Sanctions Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., and Randolph, J. Non Participating Judge(s): King, J. Concur in Part, Dissent in Part 1: Kitchens, J. With Separate Written Opinion Concur in Part, Dissent in Part Joined By 1: Chandler and Pierce, JJ. Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Trial Court: |
Date of Trial Judgment: 08-20-2010 Appealed from: Mississippi Commission on Judicial Performance Judge: H. David Clark Disposition: The Mississippi Commission on Judicial Performance recommended that Houston J. Patton, County Court Judge for Hinds County, be publicly reprimaded and ordered to pay a fine of $1,000 and costs of $100 for engaging in ex parte communications, misusing his contempt power, failing to properly notice hearings, granting relief not requested, and issuing a search warrant without legal authority. Case Number: 2008-274 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
DARLENE D. BALLARD |
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| Appellee: | Houston J. Patton | SORIE S. TARAWALLY |
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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 - Ex parte communications - Misuse of contempt power - Failure to properly notice hearings - Issuing search warrant without legal authority - Sanctions |
| Summary of the Facts: | The Mississippi Commission on Judicial Performance recommended that Houston Patton, County Court Judge for Hinds County, be publicly reprimanded and ordered to pay a fine of $1,000 and costs of $100 for engaging in ex parte communications, misusing his contempt power, failing to properly notice hearings, granting relief not requested, and issuing a search warrant without legal authority, all actions which the Commission found to constitute willful misconduct in office. Judge Patton joined the Commission’s recommendations and has admitted to all charges of misconduct. |
| Summary of Opinion Analysis: | In determining an appropriate sanction, the Court considers the length and character of the judge’s public service; whether there is any prior case law on point; the magnitude of the offense and the harm suffered; whether the misconduct is an isolated incident or evidences a pattern of conduct; whether moral turpitude was involved; and the presence or absence of mitigating or aggravating circumstances. Judge Patton has been a judge for more than twenty years, and has no prior disciplinary record. The record contains no information about the character of Judge Patton’s public service. The Court has imposed harsher sanctions in cases involving similar misconduct. Judge Patton failed to follow the law regarding ex parte communications, contempt, and execution of search warrants. He failed to ensure litigants received notice of hearings, and he publicly commented on pending cases. Immeasurable harm occurs when a judge who is trusted as the gatekeeper to justice for all our citizens, fails to learn and apply fundamental tenets of the law. Judge Patton’s conduct gave the appearance of impropriety and of lending the prestige of his office to advance the private interests of others. Further, his actions have violated the due-process rights of litigants. Judge Patton’s conduct brings the integrity, independence, and quality of the judiciary in question. While this is Judge Patton’s first time to be sanctioned for misconduct, this action was initiated by two formal complaints involving misconduct in three civil cases. In such a case, there is a pattern of misconduct even when there is no prior disciplinary action. Judge Patton’s conduct, which is undisputed, involves moral turpitude, as he abused the judicial process and failed to revere the law and judicial system. This is Judge Patton’s first time to be sanctioned. He has admitted his misconduct and has agreed to the recommended sanctions. However, his behavior was very similar in three different cases and shows a pattern of misconduct. His conduct is egregious enough to warrant suspension in addition to the recommended sanction. The sanction shall include a thirty-day suspension without pay, in addition to a public reprimand, fine of $1,000, and costs of $100. |
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