Miss. Comm'n on Judicial Performance v. Little


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Docket Number: 2010-JP-01944-SCT
Linked Case(s): 2010-JP-01944-SCT

Supreme Court: Opinion Link
Opinion Date: 09-08-2011
Opinion Author: Pierce, J.
Holding: Dismissed with prejudice.

Additional Case Information: Topic: Judicial discipline - Rules of the Mississippi Commission on Judicial Performance 10(E) - Willful misconduct - Section 63-11-39 - Passing to the file charges of DUI
Judge(s) Concurring: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ.
Judge(s) Concurring Separately: Randolph, J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Chandler and Pierce, JJ.
Non Participating Judge(s): Waller, C.J.
Dissenting Author : Kitchens, J.
Dissent Joined By : King, J.
Nature of the Case: CIVIL - JUDICIAL PERFORMANCE

Trial Court: Date of Trial Judgment: 11-19-2010
Appealed from: MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE
Judge: H. David Clark
Disposition: Recommended that Steve Little should be publicly reprimanded, suspended from office for ninety days without pay, and assessed the costs of this proceeding in the amount of $100.
Case Number: 2010-045

Note: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance and Steve Little is denied.

  Party Name: Attorney Name:  
Appellant: Mississippi Commission on Judicial Performance




JOHN B. TONEY



 

Appellee: Steve Little RICHARD D. BOWEN  

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Topic: Judicial discipline - Rules of the Mississippi Commission on Judicial Performance 10(E) - Willful misconduct - Section 63-11-39 - Passing to the file charges of DUI

Summary of the Facts: The Mississippi Commission on Judicial Performance filed a formal complaint and charged Justice Court Judge Steve Little with judicial misconduct actionable pursuant to the provisions of Section 177A of the Mississippi Constitution of 1890, as amended. The Commission recommended that Steve Little should be publicly reprimanded, suspended from office for ninety days without pay, and assessed the costs of this proceeding in the amount of $100. The Commission and Little have filed a Joint Motion for Approval of Recommendations.

Summary of Opinion Analysis: Pursuant to Rule 10(E) of the Rules of the Mississippi Commission on Judicial Performance, the Court has a duty to conduct an independent inquiry of the record in reaching its final determination. The Commission found, by clear and convincing evidence, that Judge Little had engaged in willful misconduct and conduct prejudicial to the administration of justice which brings the judicial office into disrepute. Specifically, the Commission found that Judge Little had violated section 63-11-39, “Implied Consent Law,” by “passing to the file” sixteen charges of DUI, and Canons 2A, 3B(2) and 3(B)(8) of the Judicial Code of Conduct. Willful misconduct in office is the improper or wrongful use of power of his office by a judge acting intentionally, or with gross unconcern for his conduct and generally in bad faith. Negligence, ignorance, and incompetence are sufficient for a judge to behave in a manner prejudicial to the administration of justice which brings the judicial office into disrepute. The plain language of section 63-11-39 states that “[T]he court having jurisdiction or the prosecutor shall not reduce any charge under this chapter to a lesser charge.” “Passing to the file” charges of DUI on recommendation of the county prosecutor does not, in and of itself, constitute willful misconduct, nor does it constitute a reduction of a charge. Because Judge Little did not act without the authority of law, the Commission’s reference to this case as one of “ticket-fixing” is unfounded. “Passing to the file” a DUI charge does not constitute a reduction of that charge, so it stands to reason that Judge Little’s conduct cannot be compared to the conduct exhibited in “ticket-fixing” cases. The Commission made no finding of bad faith or gross unconcern on behalf of Judge Little, and the record lacks evidence of any wrongdoing. Thus, the sanctions recommended by the Commission are unwarranted.


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