Petition of Moore
Decision Date | 17 August 1976 |
Docket Number | No. 49126,49126 |
Citation | 336 So.2d 736 |
Parties | Petition of Russel D. MOORE, III, to Expunge Part of a Grand Jury Report. |
Court | Mississippi Supreme Court |
Thomas H. Watkins, Alvin M, Binder, George F. Woodliff, Cary E. Bufkin, Jackson, for appellant.
Dale Danks, Jr., Hinds County Pros. Atty., Jackson, for appellee.
Before PATTERSON, ROBERTSON and BROOM, JJ.
The Circuit Court of the First Judicial District of Hinds County, Mississippi (the senior circuit judge) refused to expunge from the report of the Grand Jury, made at the July, 1975, term of the Circuit Court, all references to the non-judicial conduct of Circuit Judge Russel D. Moore, III. Petitioner Moore appeals.
At the July 1975, term Senior Circuit Judge Leon F. Hendrick charged the Grand Jury to investigate any illegal practice of law by the circuit judges of Hinds County.
The Grand Jury reported that it had examined a number of witnesses and also the books and records of a corporation for which Moore was alleged to have rendered legal services. The Grand Jury report continued:
'It is obvious that the two (2) year period of time as set forth in the aforesaid statute of limitations has expired and any further prosecution would be and is prohibited by law.'
The only action that a Grand Jury can take after investigating the conduct of a public officer is to return a presentment or indictment. Section 175 of the Mississippi Constitution of 1890 provides:
'All public officers, for wilful neglect of duty or misdemeanor in officer, shall be liable to presentment or indictment by a grand jury; . . .' (Emphasis added).
The July, 1975, Grand Jury returned neither a presentment no an indictment, yet that was the only action that it was authorized to take under the Mississippi Constitution.
In Re Davis, 257 So.2d 884 (Miss.1972), is dispositive of this case. In Davis we said:
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...jury charges, expungement should have been granted upon the record of this most unusual case. Re: Petition of Russell D. Moore, iii, to Expunge Part of a Grand Jury Report, 336 So.2d 736, decided August 17, 1976; In re Davis, 257 So.2d 884 (Miss.1972). This court is not saying that the dist......