Miss. Comm'n on Judicial Performance v. Littlejohn
| Docket Number: | 2010-JP-01954-SCT Linked Case(s): 2010-JP-01954-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-09-2011 Opinion Author: Waller, C.J. Holding: Publicly reprimanded and assessed costs of $100. |
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| Additional Case Information: |
Topic: Judicial discipline - Abuse of contempt powers - Public reprimand Judge(s) Concurring: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE: JOHN B. TONEY, AYANNA B. BUTLER |
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| Appellee: | Talmadge D. Littlejohn | JACK F. DUNBAR |
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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 - Abuse of contempt powers - Public reprimand |
| Summary of the Facts: | The Mississippi Commission on Judicial Performance filed a formal complaint charging Judge Talmadge Littlejohn with judicial misconduct in violation of Article 6, Section 177A of the Mississippi Constitution of 1890, as amended. Judge Littlejohn and the Commission joined in an Agreed Statement of Facts and Proposed Recommendation. According to the agreed statement, on or about October 6, 2010, Judge Littlejohn, acting in his official capacity as chancery judge, ordered that an attorney be incarcerated for criminal contempt after the attorney refused to recite the “Pledge of Allegiance to the American Flag” in open court. Rather than verbally recite the pledge, the attorney chose to stand quietly. The record contains no proof that the attorney said or did anything to disrupt court proceedings, subvert justice, or embarrass the court. Judge Littlejohn admits that his actions violated Lampley’s First Amendment rights. The Commission and Judge Littlejohn jointly recommend that Judge Littlejohn be publicly reprimanded and assessed costs of this proceeding in the amount of $100. |
| Summary of Opinion Analysis: | The Commission and Judge Littlejohn acknowledge that he violated Canons 1, 2A, 3B(2), 3B(4), and 3B(8) of the Mississippi Code of Judicial Conduct. Judge Littlejohn compromised the integrity and independence of the judiciary and violated his adjudicative responsibilities to be faithful to the law and to dispose of all judicial matters fairly. Judge Littlejohn’s actions were prejudicial to the administration of justice and brought the judicial office into disrepute. Judge Littlejohn has been a member of the Mississippi Bar for fifty years, a municipal judge for sixteen years, and a chancery judge for eight years. He also has served as a district attorney and a member of the Mississippi House of Representatives and Senate. Judges have been sanctioned for misusing contempt powers. Judge Littlejohn violated both the attorney’s right of free speech and the law of contempt when he incarcerated the attorney. This abuse of the judicial office harmed the attorney by forcing him to endure five hours of unjustified incarceration. His intolerance toward the attorney created the impression that individuals with certain viewpoints are in a special position to influence Judge Littlejohn. Littlejohn’s actions were an isolated incident and do not evidence a pattern of conduct. Judge Littlejohn did not misuse the legal system in a way that violates fundamental decency and honesty, nor did his conduct involve fraud, misrepresentation, extortion, or other similar conduct. Judge Littlejohn willingly admitted his misconduct and cooperated fully with the Commission in its investigation. He entered into an agreed statement with the Commission without the requirement of a hearing, which brought a prompt resolution of the matter. From this point forward, he promises to respect and protect the First Amendment rights of anyone who refrains from reciting the pledge in his courtroom. Judge Littlejohn should be publicly reprimanded and assessed costs of this proceeding in the amount of $100. |
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