MISS. COM'N ON JUD. PERFORMANCE v. UU

• Decision Date: 24 June 2004
• Docket Number: No. 2002-JP-01912-SCT.,2002-JP-01912-SCT.
• Citation: 875 So.2d 1083
• Parties: MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE v. Former Judge U.U.
• Court: Mississippi Supreme Court

875 So.2d 1083

MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE v. Former Judge U.U.

No. 2002-JP-01912-SCT.

Supreme Court of Mississippi.

June 24, 2004.

Luther T. Brantley, III, attorney for appellant.

Trent Walker, Edward Blackmon, Jr., Canton, attorneys for appellee.

CARLSON, Justice, for the Court.

¶ 1. The Mississippi Commission on Judicial Performance (Commission) filed a Formal Complaint charging former Chancery Court Judge U.U. with judicial misconduct constituting willful misconduct in office, willful and persistent failure to perform judicial duties, 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 Article 6, Section 177A of the Mississippi Constitution. The judge responded and a hearing on the complaint was held before a three-member Committee. Subsequently, the Committee issued Findings of Fact and Conclusions of Law recommending that this Court publicly reprimand the judge, impose a fine in the amount of $500.00, and tax costs of the proceedings in the amount of $953.95. Specifically, the Committee found that the judge violated Canons 1, 2(A), and 3 of the Mississippi Code of Judicial Conduct, thus causing such conduct to be actionable under Article 6, § 177A of the Mississippi Constitution. In due course, the Commission voted to adopt the findings of the Committee. The Commission filed with this Court the Commission record and its findings and recommendations. Miss. Const. art. 6, § 177A; Miss. Comm'n on Jud. Perf. R. 10; M.R.A.P. 16(d).

FACTS

¶ 2. Within approximately a one-year period, the Commission received seven citizens' complaints concerning delays by the judge in rendering opinions and orders in six different cases. The first complaint was received in February of 2000. Two more complaints were received in May, one in June, and two in August. The Commission also received one complaint in February, 2001. The complaints involved several types of cases and constituted the basis of the complaints against the judge.

¶ 3. The case listed in Count One of the Complaint was an irreconcilable differences divorce case. The judge conducted a hearing on August 29, 2000, after which the divorce was granted, but the judge took the contested issues of child support, property rights, alimony, and financial issues under advisement. The citizen's complaint was received on February 27, 2001, and a final order was entered on November 20, 2001. The length of time between the hearing and final order was approximately fifteen months.

¶ 4. The case listed in Count Two of the complaint concerned the administration of a decedent's estate. After conducting a hearing on a petition to close the estate on November 10, 1999, the judge did not enter a final judgment in this case until October 6, 2000; almost eleven months later. The citizen's complaint was received by the Commission on May 30, 2000.

¶ 5. The case listed in Count Three of the Complaint involved an action to set aside a deed. Trial was held on December 13, 1999, the judge took the case under advisement, and a final order was not entered until December 21, 2000. Over twelve months passed between trial and final judgment, and the Commission received the citizen's complaint on August 14, 2000.

¶ 6. The case listed in Count Four of the Complaint was an estate matter. After removing the executor of the estate on November 16, 1999, the judge conducted a hearing on a petition to appoint a new executor, one week later, on November 23, 1999. After that, a citizen's complaint was received by the Commission on June 21, 2000. A final order appointing a new executor was entered on August 11, 2000. The length of time from the removal of the executor until the appointment of a new executor was approximately nine months.¹

¶ 7. The case listed in Count Five was a suit to confirm tax title. Both parties filed motions for summary judgment and presented arguments, which the judge heard on April 5, 1999, at which time the judge took these motions under advisement for a subsequent ruling. A citizen's complaint was received by the Commission on February 17, 2000. An order denying both motions for summary judgment was entered by the judge on March 31, 2000, approximately twelve months after the motions were taken under advisement. The parties were apparently unaware of the fact that the order had been entered because the complaint was refiled with the Commission on August 4, 2000, after the order had been entered.

¶ 8. The case listed in Count Six and was an uncontested petition for adoption of a child by the maternal grandparents. A hearing was held on this matter on January 10, 2000, and a citizen's complaint was received by the Commission on May 22, 2000. A final Judgment of Adoption was entered on June 27, 2000. At the Committee hearing, the judge testified that the final adoption order prepared and submitted by the petitioners' counsel had numerous defects which had to be corrected by the lawyer before entering it as the order of the court. The judge further testified that the attorney failed to submit an appropriate amended order until the day the citizen's complaint was received, at which time the judge contacted the attorney about the case. The judge corrected the order the attorney supplied that day and entered it as the final judgment. Approximately five and one-half months elapsed between the hearing and entry of judgment.

DISCUSSION

¶ 9. We review judicial disciplinary matters under a de novo standard, though the findings of fact and recommendations of the Commission are carefully reviewed. In a judicial disciplinary proceeding, this Court must conduct an independent inquiry and make its own final determination of the appropriate sanction, although the Court accords careful consideration to the findings of fact and recommendations of the Commission on Judicial Performance or its committee. Miss. Comm'n on Jud. Perform. v. Hartzog, 822 So.2d 941, 943 (Miss.2002) (citing In re Anderson, 412 So.2d 743, 746 (Miss.1982)). See also Miss. Comm'n on Jud. Perform. v. Spencer, 725 So.2d 171, 174 ¶ 6 (Miss. 1998). This Court has the power to impose sanctions when based upon clear and convincing evidence. Miss. Comm'n on Jud. Perform. v. Wells, 794 So.2d 1030, 1032 ¶ 5 (Miss.2001).

I. WHETHER THE JUDGE BREACHED THE DUTIES AS A CHANCERY JUDGE AS IMPOSED BY MISS. CONST. ART. 6, § 177A AND THE MISSISSIPPI CODE OF JUDICIAL CONDUCT.

¶ 10. After hearing the evidence, the Commission found that the judge's conduct was actionable under Miss. Const. art. 6, § 177A, and was in violation of Canons 1, 2(A), and 3(A)(4) & (5) of the Mississippi Code of Judicial Conduct by the repeated failures in entering orders and opinions in a timely fashion. While the judge's conduct was alleged to be actionable under subsections (b), (c), and (e) of art. 6, § 177A of the Mississippi Constitution, neither the Committee nor the Commission made any findings with respect to subsection (c): willful and persistent failure to perform duties of office. The Commission did find, however, that the judge's conduct was actionable under subsections (b) and (e). Whether the judge's conduct violated the cited canons thus bringing such conduct under the constitutional provisions is the focus of our discussion set out below.

A. ARTICLE 6, § 177A, MISSISSIPPI CONSTITUTION

¶ 11. Article 6, Section 177A of the Mississippi Constitution provides:

On recommendation of the commission on judicial performance, the supreme court may remove from office, suspend, fine or publicly censure or reprimand any justice or judge of this state for:... (b) willful misconduct in office; (c) willful and persistent failure to perform his duties; ... or (e) conduct prejudicial to the administration of justice which brings the judicial office into disrepute....

Miss. Const. art. 6, § 177A. This Court has defined the phrase "willful misconduct in office" 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. It involves more than an error of judgment or a mere lack of diligence. Necessarily, the term would encompass conduct involving moral turpitude, dishonesty, or corruption, and also any knowing misuse of the office, whatever the motive. However, these elements are not necessary to a finding of 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 ...

Miss. Comm'n on Jud. Perform. v. Franklin, 704 So.2d 89, 92 ¶ 9 (Miss.1997) (quoting In re Quick, 553 So.2d 522, 524-25 (Miss.1989)). See also Miss. Comm'n on Jud. Perform. v. Gunn, 614 So.2d 387, 390 (Miss.1993); In re Anderson, 412 So.2d at 745. This Court has found that systematic patterns of misconduct can amount to willful misconduct in office. See, e.g., Miss. Comm'n on Jud. Perform. v. Willard, 788 So.2d 736, 742 ¶ 14 (Miss.2001) (ex parte communications); Spencer, 725 So.2d at 177-78 (offensive comments). This Court has found that "willful misconduct in office" also amounts to "conduct prejudicial to the administration of justice which brings the judicial office into disrepute," but we have expanded the definition of the latter to include cases where a judge has behaved with "negligence or ignorance not amounting to bad faith." Gunn, 614 So.2d at 390 (citing In re (Lloyd) Anderson, 412 So.2d 743, 745 (Miss.1982); and In re (William) Anderson, 451 So.2d 232, 234 (Miss. 1984)).

¶ 12. The Commission argues that the judge's pattern of not entering orders in a timely fashion and failure to exercise administrative control over the docket brought the integrity of the judiciary in question. The judge argues that this section of our Constitution...