Mississippi Commission on Judicial Performance v. Buffington
55 So. 3d 167
| Miss. | 2011Background
- Buffington, a Mississippi chancery judge, was recommended publicly reprimanded and for costs of $100 after misconduct findings.
- Jan. 6, 2009 Buffington appointed Oliver Diaz as Youth Court public defender in Simpson County; announcement was released to the media.
- Feb. 2, 2009 Buffington sought board of supervisors’ appearance to identify who leaked the information; subpoenas were issued to two supervisors without a title or action number.
- Feb. 10, 2009 the supervisors’ attorney filed a Motion to Quash; subpoenas were quashed by Buffington on Feb. 11, 2009.
- Buffington admitted at the Feb. 11 meeting that he failed to comply with Rule 45 of the Mississippi Rules of Civil Procedure and stated he did not care about noncompliance.
- April 1, 2009 the Commission filed a formal complaint; Buffington answered June 1, 2009; Agreed Statement of Facts and Proposed Recommendation filed May 4, 2010 and accepted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Buffington's conduct constitute willful misconduct? | Commission: yes, violated Canons and engaged in willful misconduct. | Buffington admitted noncompliance but maintained it was not a deliberate misuse contrary to law. | Yes; willful misconduct and prejudice to the administration of justice were found. |
| Are sanctions appropriate and what form should they take? | Commission seeks public reprimand with costs given long service and precedents. | Agreed disposition supports reprimand; no further sanctions raised. | Public reprimand with $100 costs affirmed. |
| What standard governs appellate review of judicial misconduct determinations? | De novo review with substantial deference to Commission findings. | Independent inquiry required; findings not binding. | Court conducts de novo review with independent inquiry while respecting commission findings. |
Key Cases Cited
- Miss. Comm'n on Judicial Performance v. Boland, 975 So. 2d 882 (Miss.2008) (deference to Commission findings; de novo review)
- Miss. Comm'n on Judicial Performance v. Boykin, 763 So.2d 872 (Miss.2000) (deference and independent inquiry balance)
- Miss. Comm'n on Judicial Performance v. Neal, 774 So.2d 414 (Miss.2000) (independent inquiry required)
- Miss. Comm'n on Judicial Performance v. Whitten, 687 So.2d 744 (Miss.1997) (limits on Commission findings)
- Miss. Comm'n on Judicial Performance v. Carr, 786 So.2d 1055 (Miss.2001) (willful misconduct definition and prejudice to justice)
- Miss. Comm'n on Judicial Performance v. Russell, 691 So.2d 929 (Miss.1997) (bad faith vs. negligence standard)
- Miss. Comm'n on Judicial Performance v. Jenkins, 677 So.2d 171 (Miss.1996) (subpoenas to nonparties improper)
- Miss. Comm'n on Judicial Performance v. Gibson, 883 So.2d 1155 (Miss.2004) (sanctioning and factors for misconduct cases)