Miss. Comm'n on Judicial Performance v. Walker, 2014–JP–00005–SCT.
Decision Date | 03 September 2015 |
Docket Number | No. 2014–JP–00005–SCT.,2014–JP–00005–SCT. |
Citation | 172 So.3d 1165 |
Parties | MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE v. Chancery Court Judge Joe Dale WALKER. |
Court | Mississippi Supreme Court |
Darlene D. Ballard, Bonnie H. Menapace, attorneys for appellant.
Robert E. Evans, Monticello, attorney for appellee.
EN BANC.
¶ 1. The Mississippi Commission on Judicial Performance (the Commission) filed a “Formal Complaint” against Chancery Court Judge Joe Dale Walker alleging conduct prejudicial to the administration of justice which brings the judicial office into disrepute in violation of Section 177A of the Mississippi Constitution. The Commission recommended that this Court order an interim suspension of Judge Walker during the pendency of Commission proceedings. The Court suspended Judge Walker from the performance of the duties of his office, with pay, during the pendency of the Commission's inquiry. Judge Walker since has resigned from his position as Chancery Court Judge, Post Two, of the Thirteenth Chancery Court District of Mississippi, having pled guilty in the United States District Court for the Southern District of Mississippi to the felony of obstruction of justice. Judge Walker and the Commission, by and through its executive director, filed an Agreed Statement of Facts and Proposed Recommendation, in which Judge Walker admitted that he had violated Canon 1 of the Code of Judicial Conduct and Section 177A of the Mississippi Constitution. Judge Walker agreed that his removal from office and assessment of costs against him constituted an appropriate sanction. The Commission unanimously adopted the Agreed Statement of Facts and Proposed Recommendation. This Court, in accordance with Article 6, Section 177A, of the Mississippi Constitution, Rule 10E of the Rules of the Mississippi Commission on Judicial Performance, and applicable Mississippi case law, now reviews the Commission's recommendation. Miss. Comm'n on Judicial Performance v. Darby, 143 So.3d 564 (Miss.2014).
¶ 2. The following facts are taken verbatim from the Agreed Statement of Facts and Proposed Recommendation:
¶ 3. The Rules of the Mississippi Commission on Judicial Performance provide that this Court “shall prepare and publish a written opinion and judgment directing such disciplinary action, if any, as it finds just and proper.” Miss. Comm'n on Judicial Performance Rule 10E. “The Supreme Court may accept, reject, or modify, in whole or in part, the findings and recommendation of the Commission.” Id. We have held that:
[I]n cases coming to us from the Mississippi Commission on Judicial Performance, the Court, in making a “final determination of the appropriate action to be taken in each case,” would “conduct an independent inquiry of the record” and in doing so, this Court would “accord careful consideration [of] the findings of fact and recommendations of the Commission, or its committee, which has had the opportunity to observe the demeanor of the witnesses.”
Miss. Comm'n on Judicial Performance v. Boone, 60 So.3d 172, 176 (Miss.2011) (quoting In re Removal of Anderson, 412 So.2d 743, 746 (Miss.1982) ). Nevertheless, “this Court is not bound by the Commission's findings, and we may impose additional sanctions.” Miss. Comm'n on Judicial Performance v. DeLaughter, 29 So.3d 750, 754 (Miss.2010) (citations omitted). “This is true even when the Commission and the judge enter into a joint recommendation—this Court's acceptance of the joint recommendation is not a certainty.” Darby, 143 So.3d at 567 (quoting Miss. Comm'n on Judicial Performance v. Skinner, 119 So.3d 294, 299 (Miss.2013) ). Similarly, the resignation of a judge “ ‘does not foreclose the need to apply appropriate sanctions[,]’ for ‘a judge should not be able to avoid discipline by simply resigning or voluntarily leaving office.’ ” Id. at 568 (quoting Miss. Comm'n on Judicial Performance v. Bustin, 71 So.3d 598, 606 (Miss.2011) ).
¶ 4. Section 177A of the Mississippi Constitution sets forth this Court's authority with regard to sanctioning judges upon recommendation of the Commission on Judicial Performance:
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: (a) actual conviction of a felony in a court other than a court of the State of Mississippi; (b) willful misconduct in office; (c) willful and persistent failure to perform his duties; (d) habitual intemperance in the use of alcohol or other drugs; or (e) conduct prejudicial to the administration of justice which brings the judicial office into disrepute; and may retire involuntarily any justice or judge for physical or mental disability seriously interfering with the performance of his duties, which disability is or is likely to become of a permanent character.
Miss. Const. art. 6, § 177A. While Section 177A applies specifically to judges, the Legislature mandates removal from office of any public officer who enters a plea of guilty to any felony “in any court of this state or any other...
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