Mississippi Commission on Judicial Performance v. McGee
2011 Miss. LEXIS 388
| Miss. | 2011Background
- Mississippi Commission on Judicial Performance filed two formal complaints against Alcorn County Justice Court Judge Jimmy McGee for willful misconduct and conduct prejudicial to the administration of justice.
- The Commission and McGee entered an Agreed Statement of Facts and Proposed Recommendation consolidating Count One (2009-241) and Count Two (2010-046).
- Count One: McGee interfered with the prosecution of A.B., including bond posting, disrupting a Board of Supervisors meeting, discouraging counsel, and making public statements encouraging vigilante-justice.
- Count Two: McGee allowed certain DUI charges to be remanded/non-adjudicated/‘retired to the files’ on motions by the county prosecutor, and participated in treatment-based nonadjudications contrary to law.
- The Commission found violations of multiple Canons and that conduct was willful and prejudicial; McGee cooperated and acknowledged errors in mitigation.
- The Mississippi Supreme Court, after independent review, held McGee’s conduct violated Canons 1, 2A, 2B, and 4A(2) with respect to Count One, but found no sanctionable conduct for Count Two under the cited statutes; the Court modified the sanction from 120 days to 270 days suspension without pay for Count One, plus public reprimand and $100 costs, with Count Two dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether McGee’s Count One conduct constitutes willful misconduct. | McGee willfully interfered with prosecution and public duties. | McGee’s actions were mistaken but not willful misconduct; relied on circumstances and lawful authority applicable to his role. | Yes; constitutes willful misconduct and disrepute. |
| Whether Count Two conduct constitutes sanctionable misconduct under the Canons or statutes. | Count Two involved improper nonadjudication of DUI charges under applicable law. | Actions were nonadjudications driven by prosecutorial motions; not sanctionable under the cited statute. | No sanctionable conduct for Count Two. |
| Appropriateness of the sanctions overall for Count One. | Commission recommended 120 days’ suspension plus costs and reprimand. | Court should adhere to Commission’s recommended 120 days without additional punishment. | Suspension 270 days without pay, public reprimand, and $100 costs; Count Two dismissed. |
Key Cases Cited
- Miss. Comm'n on Judicial Performance v. Osborne, 977 So. 2d 314 (Miss. 2008) (egregious public misconduct can constitute willful misconduct)
- In re Anderson, 412 So. 2d 743 (Miss. 1982) (standard for willful misconduct and disrepute; independence of review by Supreme Court)
- Mississippi Comm'n on Judicial Performance v. Martin, 921 So. 2d 1258 (Miss. 2005) (honest error not sanctionable; wrong legal interpretation alone not sanctionable)
- Miss. Comm'n on Judicial Performance v. Sanford, 941 So. 2d 209 (Miss. 2006) (example of improper ex parte influence in DUI cases)
- Miss. Comm'n on Judicial Performance v. Gibson, 883 So. 2d 1155 (Miss. 2004) (Gibson factors for determining appropriate sanction)
- Miss. Comm'n on Judicial Performance v. Boone, 60 So. 3d 172 (Miss. 2011) (updated framework for sanctions in judicial-performance cases)