Miss. Comm'n on Judicial Performance v. Smith
| Docket Number: | 2011-JP-00319-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 12-15-2011 Opinion Author: Dickinson, P.J. Holding: Publicly reprimanded, fined $1,000, and assessed $100 in costs. |
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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., and Pierce, J. Dissenting Author : Kitchens, J. Dissent Joined By : Chandler, J.; Carlson, P.J., Joins This Opinion In Part. Concur in Part, Concur in Result 1: Carlson, P.J. Concur in Part, Concur in Result Joined By 1: King, J.; Randolph and Kitchens, JJ., Join This Opinion In Part Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Trial Court: |
Date of Trial Judgment: 02-24-2011 Appealed from: MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE Judge: H. David Clark, II Disposition: Recommended punishment of a public reprimand, a $1,000 fine, and an assessment of costs totaling $100. Case Number: 2009-109/146/195 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Commission on Judicial Performance |
JOHN B. TONEY
DARLENE BALLARD |
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| Appellee: | Albert B. Smith, III | ANDREW W. M. WESTERFIELD MERRIDA BUDDY COXWELL |
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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: | Tunica County Circuit Court Judge Albert B. Smith III acknowledged that he abused his contempt powers and exhibited poor courtroom demeanor. The Mississippi Commission on Judicial Performance recommends punishment of a public reprimand, a $1,000 fine, and an assessment of costs totaling $100. |
| Summary of Opinion Analysis: | According to the Commission’s findings, Judge Smith violated Canons 2A and 3B(4) by addressing the lawyers and bail bondsman discourteously, that is, without respect and appropriate judicial temperament; and he violated Canons 2A, 3B(2), 3B(4), and 3B(8) by wrongly imposing contempt sanctions against two lawyers and a bail bondsman. The Commission also alleges he violated Canons 2A, 3B(4), and 3B(8) when he told a defendant “[i]f you’re convicted, I’m gonna get you.” In determining appropriate sanctions, factors to consider include the length and character of the judge’s public service; whether there is any prior caselaw on point; the magnitude of the offense and the harm suffered; whether the misconduct is an isolated incident or evidences a pattern of misconduct; whether moral turpitude was involved; and the presence or absence of mitigating or aggravating circumstances. Other than Judge Smith’s eleven-year tenure as a judge, the record is silent regarding the length and character of his public service. The Court has said that in an appropriate case, a judge’s display of inappropriate judicial temperament may lead to removal from office. Judge Smith’s failure to adhere to proper procedure when exercising his contempt power was a serious abuse of power because of the incarceration and threats of incarceration in the two matters before him. The record contains no information or indication that Judge Smith’s behavior in these two cases was part of a pattern of similar conduct. Judge Smith abused the judicial process by incarcerating and threatening to incarcerate individuals for contempt without providing them basic due process rights, and his actions constituted moral turpitude. Judge Smith’s agreement with the Commission’s findings and the proposed sanctions serve as mitigation of his inappropriate conduct. The record includes no evidence of aggravating circumstances. Given the factors and the Commission’s recommendation, Judge Smith is publicly reprimanded, fined $1,000, and assessed $100 in court costs. |
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