Miss. Comm’n on Judicial Performance v. McKenzie


<- Return to Search Results


Docket Number: 2010-JP-01505-SCT
Linked Case(s): 2010-JP-01505-SCT

Supreme Court: Opinion Link
Opinion Date: 06-23-2011
Opinion Author: Chief Justice Waller
Holding: Suspended for thirty days without pay, publicly reprimanded, fined $500, and assessed costs of $100.

Additional Case Information: Topic: Judicial discipline - Willful misconduct - Sanctions


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 - Sanctions

Summary of the Facts: The Mississippi Commission on Judicial Performance filed a formal complaint against Walthall County Justice Court Judge Marion McKenzie, charging that he had engaged in ticket-fixing and ex parte communications. Judge McKenzie acknowledged his wrongdoing and has joined the motion for approval of recommendation of a public reprimand, a $500 fine, and assessment of costs in the amount of $100.

Summary of Opinion Analysis: Issue 1: Willful misconduct Judge McKenzie violated Canons 1, 2A, 2B, 3A, 3B(1), 3B(2), and 3B(7) of the Mississippi Code of Judicial Conduct and his actions constituted willfull misconduct and conduct prejudicial to the administration of justice, in violation of Article 6, Section 177A of the Mississippi Constitution of 1890, as amended. Although the Commission alleged Judge McKenzie violated Canon 3C(1), which relates to Judge McKenzie’s failure to cooperate with the Commission’s investigation, Canon 3C(1) concerns “Administrative Responsibilities” and does not speak to a judge’s obligation to the Commission. Judge McKenzie had a federal and state constitutional right against self-incrimination. His lack of cooperation, therefore, was not a violation of the Code of Judicial Conduct. Issue 2: Sanctions Judge McKenzie has been a justice court judge for fifteen years. Prior to that, he served as a deputy sheriff for twelve years. The record is silent regarding the character of his public service. Judge McKenzie violated multiple canons and the Mississippi Constitution. That alone indicates the seriousness of his misconduct. By involving himself in another judge’s cases and attempting to assist defendants with their tickets, Judge McKenzie compromised the integrity and independence of the judiciary. These actions created an impression that certain defendants were in a special position to influence him. Judge McKenzie does not have a disciplinary history with the Commission. However, a pattern of misconduct exists where a single disciplinary action comprises multiple offenses. The nine incidents here thus constitute a pattern of conduct. The Commission and Judge McKenzie agree that his actions involved moral turpitude. The fact that Judge McKenzie acknowledged the inappropriateness of his conduct and agreed with the Commission’s findings mitigates his actions. Judge McKenzie’s “misleading” the Commission is an aggravating factor. In light of the egregiousness and moral turpitude of Judge McKenzie’s conduct, a harsher sanction than requested by the Commission is required. Judge McKenzie fixed, or attempted to fix, nine tickets for six defendants. Three cases were dismissed in open court without a hearing and without agreement from the State; one case was remanded to the inactive files; and two cases were never called for prosecution. On several occasions, he contacted and attempted to influence the citing officer through a third person. Yet, what makes Judge McKenzie’s conduct especially egregious is the fact that he intervened, or attempted to intervene, in cases that had been assigned to another judge. Thus, a thirty-day suspension without pay is warranted in addition to the sanctions recommended by the Commission.


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court