Mississippi Commission on Judicial Performance v. McKenzie
2011 Miss. LEXIS 317
| Miss. | 2011Background
- Mississippi Commission on Judicial Performance filed a formal complaint against Walthall County Justice Court Judge Marion McKenzie for ticket-fixing and ex parte communications.
- McKenzie acknowledged wrongdoing and joined a joint motion for a public reprimand, a $500 fine, and $100 costs.
- Independent inquiry found McKenzie intervened in cases assigned to another judge and assisted defendants by obtaining tickets and directing officers to help dispose of charges.
- He also disposed of or attempted to dispose of multiple ticket cases, including dismissals and proceedings influenced by third parties.
- The Commission initially found he failed to cooperate with the investigation; the court’s independent review ultimately imposed a thirty-day suspension without pay in addition to the Commission's sanctions.
- The majority held that McKenzie violated multiple Canons of the Mississippi Code of Judicial Conduct and that the sanctions should include a 30-day suspension without pay, a $500 fine, and $100 in costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did McKenzie violate Canons 1, 2A, 2B, 3A, 3B(1), 3B(2), and 3B(7)? | Commission asserts violations of the Canons through ticket-fixing and ex parte actions. | McKenzie contends no violation of Canons or only lesser misconduct. | Yes; violations found of Canons 1, 2A, 2B, 3A, 3B(1), 3B(2), and 3B(7). |
| Whether Canon 3C(1) cooperation issue was violated. | Commission alleges failure to cooperate with investigation. | ||
| McKenzie asserts his right against self-incrimination barred a finding of violation. | No; Canon 3C(1) not violated due to self-incrimination rights. |
Key Cases Cited
- Mississippi Comm'n on Judicial Performance v. Boykin, 763 So.2d 872 (Miss. 2000) (public reprimand and fine for ex parte dismissals)
- Mississippi Comm'n on Judicial Performance v. Warren, 791 So.2d 194 (Miss. 2001) (ex parte communications and dismissals; sanctions)
- Mississippi Comm'n on Judicial Performance v. Sanford, 941 So.2d 209 (Miss. 2006) (ticket-fixing with arresting officer not appearing)
- Mississippi Comm'n on Judicial Performance v. Gordon, 955 So.2d 300 (Miss. 2007) (ex parte communications; multiple tickets not appearing in court)
- Mississippi Comm'n on Judicial Performance v. Bradford, 18 So.3d 251 (Miss. 2009) (egregious misconduct; suspension appropriate for moral turpitude)
- Mississippi Comm'n on Judicial Performance v. Boone, 60 So.3d 172 (Miss. 2011) (independent record review and standards for misconduct cases)