Miss. Comm'n on Judicial Performance v. Bozeman

• Decision Date: 24 September 2020
• Docket Number: NO. 2020-JP-00121-SCT,2020-JP-00121-SCT
• Citation: 302 So.3d 1217
• Parties: MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE v. Judge Teresa G. BOZEMAN
• Court: Mississippi Supreme Court

302 So.3d 1217

MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE

v.Judge Teresa G. BOZEMAN

NO. 2020-JP-00121-SCT

Supreme Court of Mississippi.

September 24, 2020

ATTORNEYS FOR PETITIONER: DARLENE D. BALLARD, RACHEL W. MICHEL, MEAGAN BRITTAIN

ATTORNEY FOR RESPONDENT: RENEE H. BERRY

EN BANC.

GRIFFIS, JUSTICE, FOR THE COURT:

¶1.Following an investigation, the Mississippi Commission on Judicial Performance determined that Copiah County Justice Court JudgeTeresa G. Bozeman had violated Canons 1, 2A, 2B, 3B(2), 3B(7), and 3C(1) of the Code of Judicial Conduct as well as Mississippi Code Section 9-11-9(Rev. 2019).The Commission found that Judge Bozeman's conduct constituted willful misconduct in office and conduct prejudicial to the administration of justice that brings the judicial office into disrepute, actionable under article 6, section 177A, of the Mississippi Constitution.The Commission recommended that Judge Bozeman be suspended from office without pay for thirty days, be publicly reprimanded, and be fined $1,000.

¶2.Before the Court is a "Joint Motion for Approval of Recommendation Filed By the [Commission]"¹ in which both the Commission and Judge Bozeman request that this Court accept the Commission's findings of fact and recommendation.²After review, we find the agreed recommendation is appropriate and commensurate with similar cases of misconduct.Thus, the joint motion is granted, and Judge Bozeman shall be suspended from office without pay for thirty days, shall be publicly reprimanded, and shall be fined $1,000.

FACTS AND PROCEDURAL HISTORY

¶3.The facts giving rise to this judicial performance case are not in dispute.Judge Bozeman, a justice court judge for Copiah County, Post 1, attained her position through a special election in 2017 and has served as a justice court judge for approximately three years.During her tenure on the bench, Judge Bozeman's conduct resulted in violations of the Code of Judicial ConductandMississippi Code Section 9-11-9.Specifically, Judge Bozeman (1) initiated improper ex parte communications to investigate a pending civil matter, (2) failed to comply with the statutory limitations of money judgments in justice court, and (3) retaliated against a complainant who filed a complaint with the Commission.This Court separately discusses the underlying facts of each violation as well as the Commission's initial proceedings.

1.Initiation of Improper Ex Parte Communications to Investigate a Pending Civil Matter

¶4.The record shows that Judge Bozeman, while serving as a justice court judge, initiated ex parte communications with a third party to investigate the merits of a civil case pending before her.On October 25, 2018, Anthony Smylie filed a civil declaration in Copiah County Justice Court against Rapid Oil Change for $2,043.88.Rapid Oil Change responded with a countersuit against Smylie for filing a frivolous claim and for harassment.

¶5.On December 7, 2018, Justice Court Judge Vicki Bass Ramsey presided over both Smylie's initial civil suit and Rapid Oil Change's countersuit.After hearing the testimony of both parties, Judge Ramsey continued the case to January 25, 2019, to give the parties more time to present additional evidence.On December 12, 2018, Smylie filed a motion for recusal requesting that Judge Ramsey recuse from the matter.Judge Ramsey granted the motion.

¶6.On January 25, 2019, Judge Bozeman presided over both civil suits.After hearing the testimony of both parties, Judge Bozeman called for a recess and stated that she needed to talk to Judge Ramsey and a friend before she could make a ruling on the matter.Judge Bozeman then left the bench and retired to her chambers.She called Judge Ramsey and inquired into the testimony given at the initial hearing.Judge Bozeman also called a friend who was a mechanic for further inquiry into the validity of the parties’ arguments.After the phone calls concluded, Judge Bozeman returned to the bench and ruled in favor of Smylie based on the information she had received during the phone calls.

2.Failure to Comply with the Statutory Limitations of Money Judgments in Justice Court

¶7.On July 19, 2019, Cumberland Apartments filed an affidavit in Copiah County Justice Court alleging that its tenant Ashley Minor should be removed from the premises and that she owed $2,557 in unpaid rent, plus court costs.On August 23, 2019, Judge Bozeman presided over the hearing.At the hearing, a representative for Cumberland Apartments was present, but the tenant failed to appear.Cumberland Apartments requested that the court amend its complaint to include the rent that had accrued up to and including the date of the judgment.Judge Bozeman granted the request and adjusted the award given to Cumberland Apartments from $2,557 to $3,949.This award exceeded the statutory limits of a civil judgment in justice court set forth in Mississippi Code Section 9-11-9.

3.Retaliation Against a Complainant

¶8.On October 4, 2018, Mona Carr, the Copiah County Justice Court Clerk, filed a judicial complaint against Judge Bozeman alleging various procedural errors.Following an investigation, the Commission filed a Formal Complaint against Judge Bozeman.The Commission failed to find grounds for discipline; however, under Rule 6(B)(2) of the Rules of the Mississippi Commission on Judicial Performance, the Commission issued an admonishment to Judge Bozeman.³Judge Bozeman was required to complete twenty-five hours of judicial training administered by the Commission's staff and to pay a fine.

¶9.Judge Bozeman completed her judicial training and all further conditions of the agreement in May 2019.Carr later ran against Judge Bozeman for Judge Bozeman's judicial seat.Carr lost the primary election.

¶10.On September 3, 2019, Judge Bozeman filed a formal complaint against Carr with the Copiah County Board of Supervisors.In her complaint against Carr, Judge Bozeman alleged eleven instances of inappropriate conduct, three of which related to Carr's complaint with the Commission against Judge Bozeman for judicial misconduct.Judge Bozeman requested that the president of the board of supervisors officially take action against Carr.

4.Initial Proceedings by the Commission

¶11.On July 10, 2019, the Commission filed a Formal Complaint against Judge Bozeman in Inquiry Concerning a JudgeNo. 2019-033 and charged Judge Bozeman with judicial misconduct constituting willful misconduct in office and conduct prejudicial to the administration of justice that brings the judicial office into disrepute in violation of article 6, section 177A, of the Mississippi Constitution.

¶12.On October 31, 2019, the Commission filed a Formal Complaint against Judge Bozeman in Inquiry Concerning a JudgeNo. 2019-140 and charged Judge Bozeman with judicial misconduct.The Commission consolidated the two inquiries.

¶13.Judge Bozeman filed an answer to the Formal Complaint in Inquiry Concerning a JudgeNo. 2019-033.But Judge Bozeman did not file an answer to the Formal Complaint in Inquiry Concerning a JudgeNo. 2019-140 in anticipation of reaching an agreement with the Commission.

¶14.A Stipulation of Agreed Facts and Proposed Recommendation was filed by the Commission and Judge Bozeman regarding the referenced inquiries.The Stipulation of Agreed Facts and Proposed Recommendation was signed by the Commission's Executive Director Darlene D. Ballard, Judge Bozeman, and Judge Bozeman's attorney, Renee H. Berry.On December 13, 2019, the Commission held its regularly scheduled meeting and unanimously approved the Stipulation of Agreed Facts and Proposed Recommendation.

¶15.On February 6, 2020, the Commission filed its Findings of Fact and Recommendation with this Court for its consideration.On March 9, 2020, the Commission and Judge Bozeman filed a Joint Motion for Approval of Recommendation and requested that this Court accept the Commission's Findings of Fact and Recommendation in Inquiries Concerning a JudgeNos. 2019-033and2019-140.⁴

DISCUSSION

¶16.This Court is the "ultimate decision-maker in judicial performance cases" and "makes the final determination as to the appropriate action to be taken when a judge has committed willful misconduct or conduct prejudicial to the administration of justice that brings the judicial office into disrepute ...."Miss. Comm'n on Jud. Performance v. Skinner , 119 So. 3d 294, 299(Miss.2013)(citingMiss. Comm'n on Jud. Performance v. Thompson , 80 So. 3d 86, 88(Miss.2012) ).Article 6, section 177A, of the Mississippi Constitution states in relevant part,

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.

¶17."When reviewing a judicial-misconduct complaint, [this Court] conduct[s] a de novo review, ‘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 Jud. Performance v. Harris , 131 So. 3d 1137, 1141(Miss.2013)(quotingMiss. Comm ’n on Jud. Performance v. Sanford , 941 So. 2d 209, 212-13(Miss.2006) )."In reviewing judicial misconduct cases, this Court is obligated to conduct an ‘independent inquiry of the record,’ and in so doing, to ‘accord careful consideration [of] the findings of fact...