Mississippi Commission on Judicial Performance v. Bustin
2011 Miss. LEXIS 485
| Miss. | 2011Background
- Judge Bustin, Lamar County Justice Court, executed a felony arrest warrant for David Lema based on an affidavit by Lema’s ex-wife, whom Bustin was representing in a separate divorce/custody matter.
- The Commission on Judicial Performance charged multiple Canon violations and sought public reprimand, a $500 fine, and $100 costs.
- The Court conducted an independent inquiry and rejected the Commission’s recommended sanctions, opting for harsher discipline.
- Judge Bustin’s conduct involved a conflict of interest and allowed the private client’s interests to influence judicial conduct.
- The Court imposed a 30-day, nonpay suspension, a public reprimand, a $500 fine, and $100 costs, noting willful misconduct and moral turpitude.
- The decision emphasizes public confidence in the judiciary and rejects leniency given the past admonition for similar misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Bustin violate multiple Canons and engage in willful misconduct? | Commission found violations of Canons 1, 2A, 2B, 3B(1)(2)(8), 3E(1), and 4A. | Bustin acknowledged misconduct in joining the joint motion, but argued for included sanctions. | Yes; violations established and misconduct deemed willful. |
| What sanctions are warranted for Bustin’s misconduct? | Agree to reprimand, $500 fine, $100 costs as recommended. | N/A (Judge joined in the motion) | Thirty-day suspension without pay plus the public reprimand, $500 fine, and $100 costs. |
| Was the misconduct isolated or part of a pattern? | Past admonition shows a pattern. | N/A | Pattern of misconduct found; not an isolated incident. |
Key Cases Cited
- Atkinson v. Mississippi Comm’n on Judicial Performance, 645 So.2d 1331 (Miss.1994) (public reprimand and costs for judge’s involvement after participating as a judge)
- Pittman v. Miss. Comm’n on Judicial Performance, 993 So.2d 816 (Miss.2008) (public reprimand and costs for arrest warrant timing and representation)
- Dearman v. Miss. Comm’n on Judicial Performance, 66 So.3d 112 (Miss.2011) (appearance of impropriety; suspension considerations)
- Cole v. Miss. Comm’n on Judicial Performance, 932 So.2d 9 (Miss.2006) (reprimand; costs for improper influence in driver’s license matter)
- Anderson v. Miss. Comm’n on Judicial Performance, 32 So.3d 1180 (Miss.2010) (arrest warrant issued ex parte; suspension and costs)
- Carr v. Miss. Comm’n on Judicial Performance, 990 So.2d 763 (Miss.2008) (abuse of power via threats and misrepresentation; discipline)
- Soileau v. Louisiana State Supreme Court, 502 So.2d 1083 (La.1987) (illustrates leniency for isolated impropriety but not here)
- Wireman v. Board of Judicial Conduct, 367 N.E.2d 1368 (Ind.1977) (divided representation and sitting as judge in related matter)