COM'N ON JUDICIAL PERFORMANCE v. Anderson

32 So.3d 1180

MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE v. Bill ANDERSON.

No. 2009-JP-01880-SCT.

Supreme Court of Mississippi.

April 22, 2010.

Darlene D. Ballard, attorney for appellant.

James K. Dukes, Hattiesburg, attorney for appellee.

EN BANC.

WALLER, Chief Justice, for the Court:

¶ 1. The Mississippi Commission on Judicial Performance initiated these proceedings against Lamar County Justice Court Judge Bill Anderson. The Commission recommends that Judge Anderson be publicly reprimanded, suspended from the office of justice court judge for thirty days without pay, and assessed costs of $100. We agree and adopt the Commission's recommendations.

FACTS

¶ 2. Regarding the two separate complaints against Judge Anderson, the Commission and Judge Anderson executed the following Agreed Statement of Facts, which the Commission found supported by clear and convincing evidence.

No. 2008-169

Respondent, in his official capacity as Justice Court Judge, on or about April 1, 2008, presided over three cases: (1) Don and Shirley Jones vs. Sheila A. Saucier, Docket No. 239, Page No. 341, (2) Don and Shirley Jones vs. Al Saucier, Docket No. 239, Page No. 342, and (3) Don and Shirley Jones vs. Ashley Anderson, Docket No. 239, Page No. 343, wherein each defendant was charged with malicious mischief. The Jones allege the defendants on three separate occasions removed the survey flags and rods from their property each time they had it surveyed. At the trial, Respondent called the parties to the bench and advised them that they needed to be better neighbors. Respondent further advised the parties that the case was a line dispute and chancery court matter, and thereafter, dismissed all three cases. After the hearing, Respondent talked and exchanged pleasantries with the defendants.

On or about April 30, 2008, Don Jones was involved in a physical altercation with Albert Saucier which resulted in bodily injury to both parties, as well as Jones' daughter, Suzanne Jones. Don Jones' injuries resulted in his hospitalization. Based upon the aforementioned physical altercation the Respondent, in his official capacity as Justice Court Judge, on or about May 15, 2008 presided over three other cases involving the same parties: (1) Al Saucier vs. Donald Jones, Docket No. 245, Page No 35, (2) Donald Jones vs. Al Saucier, Docket No. 245, Page No. 36, and (3) Suzanne Jones vs. Al Saucier, Docket No. 245, Page No. 37, wherein each defendant was charged with simple assault. Cases (1) and (2) were put on hold by Respondent pending the outcome in the chancery court case involving the line dispute. The file in case (3) reflects that the charge against Al Saucier is simply "pending."

In the matter of Donny Pittman vs. Donald Jones, Docket No. 248, Page No. 128, on or about July 10, 2008, Don Jones was involved in a verbal altercation with Donny Pittman, a family member of Al Saucier. Jones called the Lamar County Sheriff's Department and deputies responded and defused the situation advising the parties to go to their respective homes for the evening; all parties complied. Pittman later spoke ex parte' with Respondent about the incident. Consequently, Respondent signed an arrest warrant and advised deputies of the Lamar County Sheriff's Department to arrest Don Jones for simple assault by threat and to be held with no bond. The following day, Respondent set Jones' bond at $1,000.00. Jones retained an attorney and the matter is reflected as "pending" in the case file.

The next day, on or about July 11, 2008, Respondent sat in on a hearing in the Chancery Court involving the land dispute between the parties, styled Donald O. Jones & Shirley Jones vs. Ronald Eugene Anderson, Alfred Saucier, Shelia Saucier, John Ashley Anderson and Tiffany Anderson, Civil Action No. 2008-232-G-F, in which Chancellor Eugene L. Fair, Jr. presided. The facts at issue involved the same parties and many similar facts at issue in the justice court still pending before Respondent. During the hearing, Respondent sat in the back of the courtroom. At one point during the hearing, Respondent stated that he had set Jones' bond at $1,000.00 but intended to drop it to $500.00. Both during and after the Chancery hearing, the Respondent was again observed talking and exchanging pleasantries with the defendants and their family members.

....

No. 2009-044

The Respondent, in his official capacity as Justice Court Judge, on or about November 20, 2008, presided over the initial appearance of the defendant, Jeffery W. Smith on the charge of Possession of Precursors, Docket No. 251, Page No. 293. Respondent set Mr. Smith a bond in the amount of $250,000.00.

Thereafter, on or about December 23, 2008, counsel for the defendant, Michael D. Mitchell filed a Motion for Bond Reduction and Notice of Hearing. The bond reduction hearing was held in camera on or about December 30, 2008. At the hearing, Mr. Mitchell, Lamar County Prosecutor Dawn H. Beam, and Respondent agreed to reduce the defendant's bond to $30,000.00. Respondent consented to signing an order to that effect. However, after the conclusion of the hearing the Respondent received information ex parte that defendant was allegedly threatening the Respondent and a law enforcement officer with bodily harm. Based upon that ex parte information Respondent then refused to reduce the defendant's bond as agreed at the hearing.

On or about January 20, 2009, Respondent presided over the defendants's preliminary hearing and found probable cause to believe the defendant did commit the crime of Possession of Precursors. However, at the hearing, though no affidavit or formal charge had been filed, Respondent allowed extensive testimony regarding the alleged threats made by defendant against Respondent and the officer. Based upon all of the evidence presented, Respondent bound the defendant over to the next Grand Jury and ordered him held without bond. On or about February 20, 2009, Habeas Corpus relief was granted the defendant by the Circuit Court of the 15th District of Mississippi and defendant was allowed a bail of $30,000.

Thereafter, on or about April 22, 2009, the defendant was indicted on the charge of Possession of Precursors with Intent, State of Mississippi vs. Jeffery Smith, Cause No. 2009K-94H, in the Circuit Court of the 15th District of Mississippi. Lamar County Circuit Court Judge Prentiss G. Harrell allowed the defendant's bond to remain at $30,000.00.

Commission Findings of Fact and Recommendation 2-7.

¶ 3. The Commission and Judge Anderson agree that, by engaging in the aforementioned conduct, Judge Anderson has violated Canons 1, 2A, 2B, 3B(1), 3B(2), 3B(7), 3B(8), and 3E(1) of the Code of Judicial Conduct. Judge Anderson also recognizes that his actions were improper and constitute misconduct. The Commission and Judge Anderson also agree that the above conduct violates Section 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." Judge Anderson also agreed that he will not engage in such behavior in the future.

STANDARD OF REVIEW

¶ 4. This Court conducts a de novo review of judicial misconduct proceedings, while affording deference to the Commission's recommendations when the Commission's findings are based on clear and convincing evidence. While we give great deference to the Commission's findings, we also are charged to render an independent judgment. In essence, this Court serves as the "the trier of fact," since we have the sole power to impose sanctions in judicial misconduct cases. Miss. Comm'n on Judicial Performance v. Thompson, 972 So.2d 582, 585 (Miss.2008) (internal citations and quotations omitted).

ANALYSIS

¶ 5. Section 177A of the Mississippi Constitution provides the authority for this Court to sanction judges of this state. Specifically, Section 177A states:

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 (emphasis added).

I. WHETHER THE CONDUCT OF THE RESPONDENT, JUSTICE COURT JUDGE BILL ANDERSON, CONSTITUTED WILLFUL MISCONDUCT IN OFFICE AND CONDUCT PREJUDICIAL TO THE ADMINISTRATION OF JUSTICE WHICH BROUGHT THE JUDICIAL OFFICE INTO DISREPUTE, PURSUANT TO SECTION 177A OF THE MISSISSIPPI CONSTITUTION OF 1890, AS AMENDED.

¶ 6. The Commission found by clear and convincing evidence that Judge Anderson's conduct violated Canons 1, 2A, 2B, 3B(1), 3B(2), 3B(7), 3B(8), and 3E(1) of the Code of Judicial Conduct. Further, the Commission found by clear and convincing evidence that Judge Anderson had engaged in willful misconduct and conduct prejudicial to the administration of justice which brings the judicial office into disrepute in violation of the provisions of the Mississippi Constitution. This Court has held:

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,

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