Miss. Comm'n on Judicial Performance v. Boland


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Docket Number: 2007-JP-01959-SCT

Supreme Court: Opinion Link
Opinion Date: 10-02-2008
Opinion Author: RANDOLPH, J.
Holding: PUBLIC REPRIMAND; Former Justice Court Judge Nicki M. Boland, Justice Court Judge for Hinds County, District One, shall be publicly reprimanded in open court when the venire panel meets by the Presiding Judge of the Hinds County Circuit Court on the first day of the next term of that court after this decision becomes final and is assessed a fine of $4,250 and costs of these proceedings in the amount of $3,532.06.

Additional Case Information: Topic: Judicial discipline - Dismissal of complaint - Peace bond - Public reprimand
Judge(s) Concurring: CARLSON, DICKINSON AND LAMAR, JJ.
Non Participating Judge(s): SMITH, C.J., WALLER AND DIAZ, P.JJ., AND EASLEY, J.
Concurs in Result Only: GRAVES, J.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - JUDICIAL PERFORMANCE

Trial Court: Date of Trial Judgment: 10-31-2007
Appealed from: COMMISSION ON JUDICIAL PERFORMANCE
Judge: Frank M. Coleman
Case Number: 2006-121

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE




LUTHER T. BRANTLEY, III, DARLENE D. BALLARD



 
  • Appellant #1 Brief

  • Appellee: NICKI M. BOLAND ROBERT F. WILKINS  

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    Topic: Judicial discipline - Dismissal of complaint - Peace bond - Public reprimand

    Summary of the Facts: The Mississippi Commission on Judicial Performance filed two Formal Complaints against Hinds County District One Justice Court Judge Nicki Boland. The complaints stem from separate incidents. Each complaint alleged Boland’s actions constituted willful misconduct in office and conduct prejudicial to the administration of justice which brought the judicial office into disrepute. In the first complaint, the Commission found by clear and convincing evidence that Boland had committed judicial misconduct and found her actions to be clearly unlawful. The Commission that recommended Boland be suspended without pay for a period of ninety days and that she be fined $4,250 plus the cost of the proceedings, which was $3,532.06. In the second complaint, the Commission found that Boland admittedly had committed an error, but that Commission Counsel failed to establish the required proof by clear and convincing evidence. The Commission dismissed this complaint against Boland.

    Summary of Opinion Analysis: Issue 1: Dismissal of complaint The Commission Counsel argues that the second complaint should not have been dismissed, because Boland exceeded her authority and the Commission’s findings were based on the lack of intentional misconduct by Boland. 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. A judge may also, 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. Absent from the record is clear and convincing evidence that Boland’s offense rises to the level of a violation of the Canons of Judicial Ethics. Furthermore, there is no provision in the Mississippi Rules of the Commission on Judicial Performance which allows Commission Counsel to appeal the decision of his own client. Issue 2: Peace bond In the first complaint, the Commission found that Boland repeatedly entered unlawful orders resulting in the incarceration of a person and that she had no authority, statutorily or otherwise, to refuse to set bond, nor any authority to sentence the person to one year in jail, six months in jail or for any time in jail at all for the “crime” of peace bond. She also had no authority to send the person to a drug treatment facility or to require any other of the incredibly restrictive terms of his probation. The maximum penalty Boland initially was authorized to issue was the posting of a $500 peace bond. It is clear from the record that Boland exceeded all parameters of her authority as a judge. Since the recommendation of the Commission was made, Boland was defeated at the polls. Previous misconduct by Boland, when considered with the misconduct in this case, evidences a pattern showing an unfitness for the office of judge at any level. She refuses to accept responsibility for the harm she caused in this case. Because Boland is no longer in office, the remaining options are only to fine or publicly censure or reprimand her. Accordingly, Boland should be publicly reprimanded and the sanction for Boland is limited to a fine of $4,250, as well as the costs of these proceedings which the Commission states is $3,532.06.


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