Miss. Comm'n on Judicial Performance v. Martin
| Docket Number: | 2005-JP-00504-SCT Linked Case(s): 2005-JP-00504-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 12-15-2005 Opinion Author: Randolph, J. Holding: Dismissed with Prejudice. |
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| Additional Case Information: |
Topic: Judicial discipline - Miss. Const. Article 3, Section 29 - Honest mistake Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Concurs in Result Only: Graves, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Trial Court: |
Date of Trial Judgment: 02-23-2005 Appealed from: COMMISSION ON JUDICIAL PERFORMANCE Judge: Patricia D. Wise Disposition: On January 12, 2004, the Mississippi Commission on Judicial Performance (“Commission”) filed a formal complaint charging Judy Case Martin (“Judge Martin”), Justice Court Judge, Lincoln County, Mississippi, with judicial misconduct in office. On March 10, 2005, the full Commission rendered and adopted its Findings of Fact, Conclusions of Law and Recommendations. Case Number: 2003-225/288 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
LUTHER T. BRANTLEY, III,
DARLENE D. BALLARD |
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| Appellee: | Judy Case Martin | W. BRADY KELLEMS |
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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 - Miss. Const. Article 3, Section 29 - Honest mistake |
| Summary of the Facts: | The Mississippi Commission on Judicial Performance filed a formal complaint charging Judy Martin, Justice Court Judge, Lincoln County, with judicial misconduct in office. The Commission recommended that Judge Martin be publicly reprimanded, suspended from office without pay for a period of thirty days, and assessed the costs of this proceeding in the amount of $1,925.08 for her willful misconduct and conduct prejudicial to the administration of justice, which brings the judicial office into disrepute. |
| Summary of Opinion Analysis: | The Commission concluded that Judge Martin in using the power of her office as Justice Court Judge in having a person arrested, incarcerated, and denying bail to him on two separate and distinct occasions violated Article 3, Section 29 of the Mississippi Constitution, and therefore violated of Canons 1, 2A, 3B(1), 3B(2), 3B(4), 3B(7), and 3B(8) of the Code of Judicial Conduct. Judge Martin’s rulings were contrary to Article 3, Section 29 of the Mississippi Constitution and Judge Martin erred in denying bail, but this error does not necessarily equate to sanctionable conduct. There is no evidence in the record to support the clear and convincing threshold that her errors were committed intentionally, with gross unconcern, or generally in bad faith. Judge Martin testified she was unfamiliar with Article 3, Section 29 of the Mississippi Constitution, which grants authority to deny bail only to County and Circuit Judges. Judge Martin maintains that if she made a mistake, it was an honest mistake. Furthermore, she testified without contradiction from others, that the issue was never addressed in her training or at judicial seminars she attended. A simple mistake in the face of reasonable efforts to base decisions on controlling law is not sanctionable. The complaint against Judge Martin is dismissed with prejudice. |
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