Miss. Comm'n on Judicial Performance v. Sheffield
| Docket Number: | 2004-JP-00931-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 09-16-2004 Holding: PUBLIC REPRIMAND, FINE AND COSTS |
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| Additional Case Information: |
Topic: Judicial discipline - Willful misconduct - Public reprimand Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Trial Court: |
Date of Trial Judgment: 05-05-2004 Appealed from: Commission on Judicial Performance Judge: Patricia D. Wise Disposition: Recommended a public reprimand and payment of the assessed fine and costs. Case Number: 2003-239 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
LUTHER T. BRANTLEY, II |
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| Appellee: | John H. Sheffield | PRO SE |
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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 - Public reprimand |
| Summary of the Facts: | The Mississippi Commission of Judicial Performance filed a formal complaint against Justice Court Judge John Sheffield, alleging judicial misconduct in violation of Article 6, Section 177A Mississippi Constitution of 1890. Counsel for the Commission and Judge Sheffield entered into an Agreed Statement of Facts and Proposed Recommendation. The Commission unanimously accepted and adopted the Agreed Statement of Facts and Proposed Recommendation. The Commission recommended that Judge Sheffield be publicly reprimanded, fined $192 and assessed the costs of this proceeding in the amount of $100. |
| Summary of Opinion Analysis: | The facts show that Judge Sheffield was upset over a lack of funding for a court bailiff and stated that "he would teach the county a lesson or would make the county pay." He suspended fines in 13 cases, thereby depriving Lee County of the suspended fines. In 4 bad check cases, Judge Sheffield not only suspended fines but also suspended the State assessments, in violation of Mississippi law. 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. It involves more than an error of judgment or a mere lack of diligence. Judge Sheffield’s conduct constitutes willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute. With regard to sanctions, there is no evidence on the record of the length or character of Judge Sheffield's public service. The Supreme Court has found judicial misconduct in violation of the Code of Judicial Conduct and imposed a public reprimand and fines where a judge has improperly dismissed matters before the court. The conduct was a gross abuse of Judge Sheffield's power to act in his official capacity as a municipal court judge. The record does not show any other incidents that demonstrate that this type of behavior evidences a pattern of conduct by Judge Sheffield. There was no moral turpitude involved in the offense. Both aggravating and mitigating circumstances are present. Therefore, the Commission's and Judge Sheffield's joint agreement should be upheld. |
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