Miss. Comm'n on Judicial Performance v. Lewis
| Docket Number: | 2004-JP-01002-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 03-31-2005 Opinion Author: Smith, C.J. Holding: REMOVED FROM OFFICE AND COSTS |
|
| Additional Case Information: |
Topic: Judicial discipline - Willful misconduct in office - Ex parte communications - Removal from office Judge(s) Concurring: Cobb, P.J., Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Graves, J. Dissent Joined By : Waller, P.J., and Easley, J. Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
|
| Trial Court: |
Date of Trial Judgment: 05-18-2004 Appealed from: MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE Judge: Franklin Coleman Disposition: The Commission recommended to this Court that Judge Lewis be removed from office and assessed costs of the present proceeding in the sum of $2,080.83. Case Number: 2002-325 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
LUTHER T. BRANTLEY, III
DARLENE D. BALLARD |
||
| Appellee: | Joseph Lewis | JULIE ANN EPPS |
|
|
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 in office - Ex parte communications - Removal from office |
| Summary of the Facts: | The Mississippi Commission of Judicial Performance filed a Formal Complaint charging Joseph Lewis, Justice Court Judge, District Three, Hinds County, with judicial misconduct constituting willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute and violative of Canon 3(B)(12) of the Code of Judicial Conduct. The Commission found that Judge Lewis had engaged in numerous ex parte communications with litigants in person and by telephonic means. The Commission noted two prior public reprimands against Judge Lewis for one of the same reasons as now under consideration and that Judge Lewis never paid the fines or costs assessed against him and was never publicly reprimanded in open court as ordered by the Supreme Court. The Commission recommended that Judge Lewis be removed from office and assessed costs of the present proceeding in the sum of $2,080.83. |
| Summary of Opinion Analysis: | The Commission found that Judge Lewis repeatedly engaged in ex parte communications with litigants based upon the clear and convincing evidence and testimony at the hearing. Judge Lewis himself admitted these allegations regarding the ex parte communications. By engaging in ex parte communications, Judge Lewis denied the parties the safeguards afforded them as well as their expectations that they can present evidence to an unbiased trier of fact, thereby disrupting the requirement of order and decorum in proceedings before the judge, tainting the dignity of the judicial system as a whole, and failing to uphold the integrity and independence of the judiciary. His conduct violated Canons 1, 2A, 2B, and 3B. His prior disciplinary proceedings have apparently been to no avail, as Judge Lewis has not altered his repeated violations of the prohibition of ex parte communication with litigants. Judge Lewis’ prior infractions for ex parte communications coupled with his failure to pay previous court costs and submit to a public reprimand as ordered by the Court and his continuing disregard of the Canons clearly warrants his removal from office, an assessment of all costs of these proceedings, and assessment of costs of all previously assessed against him. In addition, Judge Lewis also engaged in improper sexual advances with two of the three women who testified. It is more than mere coincidence that three different women, who are perfect strangers to each other, have made sexual misconduct allegations against the same individual which allegedly occurred on different occasions, during different times of the year, and even in different years. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
