Miss. Comm'n on Judicial Performance v. Thompson


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Docket Number: 2011-JP-00555-SCT
Linked Case(s): 2011-JP-00555-SCT

Supreme Court: Opinion Link
Opinion Date: 01-26-2012
Opinion Author: Carlson, P.J.
Holding: Suspended for thirty days without pay, public reprimanded, and fined $2000 and costs of $100.

Additional Case Information: Topic: Judicial discipline - Willful misconduct - Sanctions - Suspension - Public reprimand
Judge(s) Concurring: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Pierce and King, JJ.
Non Participating Judge(s): Chandler, J.
Dissenting Author : Kitchens, J.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL- JUDICIAL PERFORMANCE

Trial Court: Date of Trial Judgment: 04-13-2011
Appealed from: Commission on Judicial Performance
Judge: H. David Clark
Disposition: Recommended that Judge Thompson be publicly reprimanded, suspended from office for a period of thirty (30) days without pay, fined the sum of $2,000 and assessed costs in the amount of $100.
Case Number: 2009-061

Note: Joint Motion for Approval of Recommendations Filed by the Mississippi Commission on Judicial Performance and Rickey W. Thompson is granted.

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




DARLENE D. BALLARD JOHN B. TONEY



 

Appellee: Rickey W. Thompson JIM WAIDE  

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Topic: Judicial discipline - Willful misconduct - Sanctions - Suspension - Public reprimand

Summary of the Facts: The Mississippi Commission on Judicial Performance filed a Formal Complaint against Rickey W. Thompson, Justice Court Judge, District Four, Lee County, Mississippi. The multicount complaint charged Judge Thompson with numerous instances of judicial misconduct. Ultimately, the Commission and Judge Thompson submitted a joint motion for approval of a recommendation that Judge Thompson be publicly reprimanded, suspended from office for a period of thirty days without pay, fined the sum of $2,000 and assessed costs in the amount of $100.

Summary of Opinion Analysis: Issue 1: Willful misconduct A judge may through negligence or ignorance not amounting to bad faith, behave in a manner prejudicial to the administration of justice so as to bring the judicial office into disrepute. Judge Thompson’s communication with the sheriff’s office in a matter crossed the line into involving himself in a criminal investigation at a time when there was no case pending before him concerning the matter. Judge Thompson signed an order where there was no case pending and engaged in ex parte discussions. Judge Thompson had an ex parte communication with parties without notice to prosecuting authorities, and interfered in a case assigned to another judge. Judge Thompson interfered with the orders of another judge. Judge Thompson dismissed citations in eleven instances alleged in a four-month period where each defendant supplied proof of insurance obtained after the fact. Judge Thompson improperly involved himself in a domestic civil matter. The facts further indicate that there was an improper ex parte communication with the male, and that Judge Thompson improperly attempted to aid the litigant by telephoning an officer. Issue 2: Sanctions The respondent is in his second term as justice court judge and has qualified for reelection. The record is silent as to the character of his service. Judge Thompson failed to avoid impropriety, caused his impartiality to be questioned, and jeopardized the integrity and independence of the judiciary, thereby eroding public confidence in him as a judicial officer and in our state’s judiciary as a whole. In 2006, the Commission held a hearing on a formal complaint against Judge Thompson, and it found that he had engaged in ex parte communications with a litigant, attempted to mediate the dispute and subsequently issued a criminal warrant in a civil case, resulting in a private admonishment. Thereafter, the Court ordered a public reprimand and costs in a case in which Judge Thompson had interjected himself into a case involving relatives in an attempt to prevent a warrant being issued and served. The totality of Judge Thompson’s actions did impede or interfere with the administration of justice, and the misconduct rose to the level of moral turpitude. Mitigating factors are present in light of the fact that Judge Thompson has agreed that his actions were improper and has entered into an Agreed Statement with the Commission without the requirement of a hearing. Thus, the Agreed Statement of Facts and Proposed Recommendation jointly submitted by the Commission and Judge Thompson should be adopted in toto.


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