Miss. Comm'n on Judicial Performance v. Darby
| Docket Number: | 2011-JP-01280-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 12-01-2011 Opinion Author: Randolph, J. Holding: Publicly reprimanded, fined $500 and assessed costs of $100. |
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| Additional Case Information: |
Topic: Judicial discipline - Willful misconduct - Abuse of contempt powers - Sanctions - Public reprimand Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Kitchens, Chandler and King, JJ. Non Participating Judge(s): Lamar and Pierce, JJ. Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Trial Court: |
Date of Trial Judgment: 08-29-2011 Appealed from: MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE Judge: H. David Clark Disposition: Recommended a public reprimand, fine and costs. Case Number: 2010-149 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
JOHN B. TONEY
DARLENE D. BALLARD |
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| Appellee: | Leigh Ann Darby | ALAN D. LANCASTER |
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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 - Abuse of contempt powers - Sanctions - Public reprimand |
| Summary of the Facts: | The Mississippi Commission on Judicial Performance filed a “Formal Complaint” charging Leigh Ann Darby, Youth Court Judge, Tate County, with violating various Canons of the Mississippi Code of Judicial Conduct and with willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute. Ultimately, the Commission and Judge Darby filed an “Agreed Statement of Facts and Proposed Recommendation” which provided that Judge Darby had violated Canons 1, 2A, and 3B(2) of the Code of Judicial Conduct and had engaged in conduct actionable pursuant to Section 177A of the Mississippi Constitution, and recommended that she be publicly reprimanded, fined $500, and assessed costs of $100. |
| Summary of Opinion Analysis: | Issue 1: Willful misconduct Judge Darby acknowledges that, by “wrongly impos[ing] sanctions against [the mother] for contempt of court without first affording her the due process rights required in a criminal contempt matter[,]” she violated Canons 1, 2A, and 3B(2) of the Code of Judicial Conduct and engaged in conduct actionable pursuant to Section 177A of the Mississippi Constitution. A finding of indirect criminal contempt requires the existence of a valid, prior court order. Additionally, in cases of indirect criminal contempt, defendants must be provided with procedural due process safeguards, including a specification of charges, notice, and a hearing. Judge Darby concedes that, at the time of the contempt proceeding, no written Order had been issued by Judge Darby memorializing the verbal directions given to the mother and that she failed to provide the mother with due process or otherwise comply with procedural safeguards. In addition, as the “citing judge,” Judge Darby abused her contempt powers by failing to recuse herself from this indirect criminal contempt proceeding. Issue 2: Sanctions In examining the appropriateness of the sanctions, the following factors should be considered: the length and character of the judge’s public service; whether there is any prior case law on point; the magnitude of the offense and the harm suffered; whether the misconduct is an isolated event or evidences a pattern of conduct; whether moral turpitude was involved; and the presence or absence of mitigating or aggravating circumstances. Judge Darby is a member and past board member of the Tate County Rotary Club. She serves as a trustee of the Senatobia Municipal School District endowment for education. She is a member of the Sardis Church of Christ. In similar abuse-of-contempt-powers cases, comparable sanctions were imposed. Judge Darby’s failure to adhere to proper procedure when exercising her contempt powers is serious, given the deprivation of liberty in this matter. Judge Darby does not have any prior history with the Commission. Judge Darby’s conduct did not rise to the level of moral turpitude. Judge Darby acknowledged her errors by entering into the “Agreed Statement of Facts and Proposed Recommendation,” without the necessity of a hearing, and cooperating with the Commission in its investigation. The recommended sanction fits the offense and is consistent with other like cases. Accordingly, the appropriate sanction is for Judge Darby to be publicly reprimanded, fined $500, and assessed costs of $100. |
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