Miss. Comm'n on Judicial Performance v. Blakeney
| Docket Number: | 2004-JP-00917-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 12-16-2004 Opinion Author: Carlson, J. Holding: PRIVATE REPRIMAND |
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| Additional Case Information: |
Topic: Judicial discipline - Willful misconduct - Canon 3(B)(12) - Private reprimand Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz , J. Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Trial Court: |
Date of Trial Judgment: 05-05-2004 Appealed from: MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE Judge: Patricia D. Wise Disposition: Recommended public reprimand. Case Number: 2003-091 |
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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: | Ted L. Blakeney | L. WESLEY BROADHEAD |
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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 - Willful misconduct - Canon 3(B)(12) - Private reprimand |
| Summary of the Facts: | The Mississippi Commission on Judicial Performance has recommended Ted Blakeney, a Simpson County Justice Court Judge, be publicly reprimanded for judicial misconduct based on his allowing photographic coverage of his court proceedings and his failure to wear a judicial robe in the courtroom. |
| Summary of Opinion Analysis: | Issue 1: Willful misconduct Judge Blakeney’s assertion that he was unaware of the picture being taken in his courtroom is belied by the record. This violated Canon 3(B)(12) of the Code of Judicial Conduct, which prohibited photographs being taken during court proceedings. Issue 2: Sanction The case involves one isolated incident with one newspaper photographer. Factors to be considered in determining the appropriateness of sanctions include length and character of the judge’s public service; whether there is any prior case law on point; magnitude of the offense and the harm suffered; whether the misconduct is an isolated incident or evidences a pattern of conduct; whether moral turpitude was involved; and the presence or absence of mitigating or aggravating circumstances. The judge began serving his second elected term on January 5, 2004, and has previously received a public reprimand. By comparison with other offenses committed by judges which have resulted in sanctions, the judge’s offense is not of any significant magnitude. The record is devoid of a pattern of misconduct by the judge. Today’s case does not involve moral turpitude. Aggravating circumstances are non-existent. However, there are several mitigating factors which lead to a conclusion that a private reprimand is appropriate. |
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