In Re Dunn
| Docket Number: | 2011-CS-00255-SCT Linked Case(s): 2011-CS-00255-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 03-01-2012 Opinion Author: Carlson, P.J. Holding: Remanded |
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| Additional Case Information: |
Topic: Show cause - Sanctions - Responsibilities of circuit clerk - M.R.A.P. 77 - M.R.A.P. 79 - Section 9-7-171 Non Participating Judge(s): Waller, C.J. |
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| Note: | On the Court's own motion, this matter is hereby remanded to the Circuit Court of the First Judicial District of Hinds County, Mississippi. The circuit court shall conduct the evidentiary hearing before May 23, 2012. The circuit court shall make findings of fact regarding the issues discussed herein and shall submit those findings of fact to this Court on or before June 13, 2012. The Clerk of this Court shall send copies of the following documents to the circuit court: "Motion for Out of Time Appeal" filed by P.E.R.S. on January 27, 2011 in docket number 2011-SA-00127; "Show Cause Order" entered by this Court on February 23, 2011; response to the show cause order filed by Dunn on March 25, 2011. The Clerk of this Court shall send copies of this order to Barbara Dunn, Circuit Clerk of Hinds County, Mississippi, and counsel for P.E.R.S. | |
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| Topic: | Show cause - Sanctions - Responsibilities of circuit clerk - M.R.A.P. 77 - M.R.A.P. 79 - Section 9-7-171 |
| Summary of the Facts: | The Supreme Court previously ruled on a motion filed by the Mississippi Public Employees’ Retirement System in which it sought to appeal from a final order entered by the Circuit Court of the First Judicial District of Hinds County. Circuit Judge Tomie T. Green signed the “Memorandum Opinion and Order” on January 25, 2010. The circuit court's general docket bears a purported date of entry for the memorandum opinion of January 29, 2010. The general docket also bears a purported date of entry for a “Judgment” of January 26, 2010. The general docket indicates that the clerk failed to give notice of the entry of the judgment to the parties or their counsel. The general docket indicates that the clerk mailed a copy of the memorandum opinion to a person who is neither a party in the case nor an attorney for a party in the case and that the clerk failed to give notice of the entry of the memorandum opinion to the parties or their lawyers. P.E.R.S. offers the affidavit of an employee of the Mississippi Attorney General’s Office who was responsible for tracking opinions and orders issued by the circuit court. The affiant states that she regularly contacted the Hinds County Circuit Clerk’s office to inquire about the status of the case, but she was never informed that a judgment or a memorandum opinion had been entered in the general docket. |
| Summary of Opinion Analysis: | From the evidence offered by P.E.R.S., it appears that the judgment and the memorandum opinion were not actually entered in the general docket by the circuit clerk until sometime between January 7, 2011, and January 13, 2011. It appears that false dates were entered in the general docket. It appears that the circuit clerk failed immediately to provide notice to each party regarding the entry of the judgment, the memorandum opinion, and three orders. Accordingly, by order entered on February 23, 2011, Barbara Dunn, Circuit Clerk of Hinds County, Mississippi was ordered to show cause why sanctions should not be imposed against her. Her response includes the affidavit of one of her employees. Dunn and her employee admit that various clerical errors were made in this case. Dunn and her employee deny that false dates were entered in the general docket. The Court finds that it does not have sufficient evidence before it to determine if violations of M.R.A.P. 77 and 79 and Section 9-7-171 of the Mississippi Code have occurred and therefore, this matter is remanded to the Circuit Court of the First Judicial District of Hinds County for an evidentiary hearing. |
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