Com'n On Judicial Performance v. Sanford, 2006-JP-00870-SCT.

• Decision Date: 26 October 2006
• Docket Number: No. 2006-JP-00870-SCT.,2006-JP-00870-SCT.
• Citation: 941 So.2d 209
• Parties: MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE v. John L. SANFORD.
• Court: Mississippi Supreme Court

941 So.2d 209

MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE v. John L. SANFORD.

No. 2006-JP-00870-SCT.

Supreme Court of Mississippi.

October 26, 2006.

Luther T. Brantley, III, Darlene D. Ballard, attorneys for appellant.

G. David Garner, Raleigh, attorney for appellee.

EN BANC.

CARLSON, Justice, for the Court.

¶ 1. The Mississippi Commission on Judicial Performance (Commission) filed a Formal Complaint charging Covington County Southern District Justice Court Judge John L. Sanford with willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute, thus causing such alleged conduct to be actionable pursuant to the provisions of Miss. Const. art. 6, § 177A. In the end, the Commission and Judge Sanford submitted to us a joint motion for approval of a recommendation that Judge Sanford be publicly reprimanded and assessed with costs. We now conduct our mandated review of the Commission's recommendation consistent with Miss. Const., art. 6, § 177A, Miss. Comm'n on Jud. Perf. R. 10, M.R.A.P. 16(d), and our case law.

FACTS AND PROCEEDINGS BEFORE THE COMMISSION

¶ 2. In its formal complaint, the Commission alleged, inter alia, that on April 24, 2005, the Covington County Sheriff's Department charged and arrested a person for Driving Under the Influence, First Offense, and a court date was eventually set for the defendant to appear before Justice Court Judge John L. Sanford on August 3, 2005. The formal complaint further asserted:

A few days after the arrest, Dallas Springer, the arresting officer, was approached by the Covington County Sheriff, Roger Wood Speed, and advised that [Judge Sanford] wanted the charges against [the defendant] dismissed. Stringer was again approached by Sheriff Speed on August 2, 2005, and advised Stringer that [Judge Sanford] wanted him to be late for court the next day so that the charges against [the defendant] could be dismissed. Stringer stayed at the Sheriff's Department on August 3, 2005 until such time as the case was in fact dismissed by [Judge Sanford] and he subsequently attended court on the additional cases pending before [Judge Sanford] that day in which he was the arresting officer.

On this set of facts, the Commission charged Judge Sanford with violations of Canons 1, 2A, 2B, 3B(1), 3B(2), 3B(7), 3B(8) and 3E of the Mississippi Code of Judicial Conduct (Judicial Code). The Commission further asserted that Judge Sanford's alleged judicial misconduct was actionable pursuant to the provisions of Miss. Const. art. 6, § 177A. The Commission dutifully complied with the provisions of Miss. Comm'n on Jud. Perf. R. 6C concerning proper notice to Judge Sanford, as well as informing Judge Sanford of his right to respond pursuant to Miss. Comm'n on Jud. Perf. R. 6D.

¶ 3. Within days of the filing of the formal complaint, Chancellor Patricia D. Wise, Chair of the Commission, appropriately entered an order appointing a three-person committee, consisting of certain Commission members, to conduct a formal hearing concerning the allegations contained in the formal complaint. See Miss. Comm'n on Jud. Perf. R. 8C, 8D. Thereafter, Judge Sanford, through counsel, filed an answer to the formal complaint wherein he generally denied the material allegations of the formal complaint. Upon Judge Sanford's filing of his response to the Commission's formal complaint, Chancellor Wise promptly entered a scheduling order providing for various deadlines for discovery and the filing of motions as well as a hearing date of February 10, 2006, at the Commission offices in Jackson.

¶ 4. However, in lieu of the formal hearing, the Commission and Judge Sanford ultimately reached an agreement which was memorialized by a duly filed Agreed Statement of Facts and Proposed Recommendation on February 27, 2006. We deem it important here to set out this agreement, verbatim, omitting only the formal introductory language:

1. This Agreed Statement of Facts and Proposed Recommendation is to be submitted in lieu of a hearing as provided for in Rule 8 of the Rules of the Commission.

PARTIES

2. The Commission is a body created pursuant to § 177A, Mississippi Constitution of 1890, as amended.

3. The Respondent is now and was at all times hereinafter mentioned, a Justice Court Judge, Southern District, Covington County, Mississippi.

4. The Commission has jurisdiction over the Respondent under the authority granted by § 177A of the Mississippi Constitution of 1890, as amended, applicable statutes, and the Rules of the Commission.

5. On November 1, 2005, the Mississippi Commission on Judicial Performance, hereinafter referred to as the "Commission" filed a Formal Complaint charging Respondent with judicial misconduct constituting wilful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute in violation of § 177A of the Mississippi Constitution of 1890, as Amended.

6. Thereafter, Respondent, through counsel, filed an answer to the Formal Complaint on November 30, 2005, admitting some factual allegations, but denying that his actions constituted judicial misconduct.

AGREED FACTS

7. April 24, 2005, the Covington County Sheriff's Department arrested [the defendant] on the charges of Improper Equipment and Driving Under the Influence, 1st offense. [The defendant's] court date was set for August 3, 2005.

8. A few days after the arrest, Dallas Stringer, the arresting officer, was approached by the Covington County Sheriff, Roger Wood Speed, and advised that Respondent wanted the charges against [the defendant] dismissed. Stringer was again approached by Sheriff Speed on August 2, 2005, and advised Stringer that Respondent wanted him to be late for court the next day so that the charges against [the defendant] could be dismissed. Stringer stayed at the Sheriff's Department on August 3, 2005, until such time as the case was in fact dismissed by the Respondent and he subsequently attended court on the additional cases pending before Respondent that day in which he was the arresting officer.

9. By engaging in the above stated conduct, the Respondent violated Canons 1, 2A, 2B, 3B(1), 3B(2), 3B(7), 3B(8), and 3E of the Code of Judicial Conduct of Mississippi.

10. By engaging in the above stated conduct the Respondent has also violated § 177A of the Mississippi Constitution of 1890, as amended, as said conduct constitutes willful misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute.

PROPOSED RECOMMENDATION

11. Counsel for the Commission and the Respondent hereby propose that, for the conduct as agreed upon and set forth above, that the Respondent be publicly reprimanded, and that he be assessed costs in the sum of $100.00 pursuant to § 177A of the Mississippi Constitution of 1890, as amended.

¶ 5. The minutes of the Commission meeting of March 10, 2006, reveal that the Commission, by a unanimous vote, accepted and adopted the joint agreed statement of facts with the proposed recommendation that Judge Sanford be publicly reprimanded and assessed costs. Thereafter, on May 12, 2006, the Commission entered its Findings of Fact and Recommendation consistent with its action of March 10, 2006. On June 23, 2006, the Commission filed with this Court its joint motion for approval of its recommendations.

DISCUSSION

I. WHETHER JUDGE SANFORD'S CONDUCT CONSTITUTED WILLFUL MISCONDUCT PREJUDICIAL TO THE ADMINISTRATION OF JUSTICE WHICH BRINGS THE JUDICIAL OFFICE INTO DISREPUTE.

¶ 6. "We conduct de novo review of judicial misconduct proceedings, giving great deference to the findings, based on clear and convincing evidence, of the recommendations of the Mississippi Commission on Judicial Performance." Miss. Comm'n on Judicial Performance v. Gibson, 883 So.2d 1155, 1156 (Miss.2004) (citing Miss. Comm'n on Judicial Performance v. Gunn, 614 So.2d 387, 389 (Miss. 1993)). "While we do give great deference to the Commission's findings, we are also charged to render an independent judgment." Id. (citing Miss. Comm'n on Judicial Performance v. Peyton, 645 So.2d 954, 956 (Miss.1994)). "We are the trier of fact and have the sole power to impose sanctions in judicial misconduct cases." Id. at 1157 (citing Peyton, 645 So.2d at 956).

¶ 7. The Commission found by clear and convincing evidence that Judge Sanford's conduct violated Canons 1, 2A, 2B, 3B(1), 3B(2), 3B(7), 3B(8), and 3E of the Judicial Code. Furthermore, the Commission found by clear and convincing evidence that Judge Sanford engaged in "willful misconduct" and "conduct prejudicial to the administration of justice which brings the judicial office into disrepute" thus causing such conduct to be actionable pursuant to the provisions of Miss. Const. art. 6, § 177A. We have previously defined the phrase "willful misconduct" as follows:

"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 . . . A specific intent to use the powers of the judicial office to accomplish a purpose which the judge knew or should have known was beyond the legitimate exercise of his authority constitutes bad faith . . . Willful misconduct in office of necessity is conduct prejudicial to the administration of justice that brings the judicial office into disrepute."

Gibson, 883 So.2d at 1157 (citing In re Quick, 553 So.2d 522, 524-25 (Miss.1989)).

¶ 8. Judge Sanford has agreed to the Commission's recommendation and has joined the Commission's motion for approval of its recommendations. Judge Sanford has also agreed in writing that he worked through the sheriff to have the arresting officer dismiss the charges against the subject DUI defendant. Through the various documents filed with us, Judge Sanford likewise admits that he violated the cited judicial canons by...