Mississippi Commission on Judicial Performance v. Littlejohn
62 So. 3d 968
| Miss. | 2011Background
- Mississippi Commission on Judicial Performance seeks public reprimand of Judge Littlejohn for misusing contempt powers and to assess $100 costs.
- Judge Littlejohn admitted all misconduct and joined in the Commission’s recommendations.
- Complaint filed October 11, 2010; Agreed Statement of Facts and Proposed Recommendation filed November 12, 2010.
- Incident: October 6, 2010, Littlejohn incarcerated attorney Danny Lampley for refusing to recite the pledge in open court; Lampley stood silently, with no proof of disruption.
- Judge acknowledged the action violated Lampley’s First Amendment rights under Barnette and agreed to sanctions.
- Court conducts independent inquiry of the record and adopts the agreed sanctions: public reprimand and $100 costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Littlejohn violate Canons 1, 2A, 3B(2), 3B(4), and 3B(8)? | Commission alleged violations by incarcerating for noncompliance with pledge. | Littlejohn admitted misconduct and that it violated constitutional rights. | Yes; violations established |
| Are public reprimand and costs warranted under Gibson factors? | Sanctions appropriate to the misconduct and harm to justice. | Mitigating factors present; sanctions still appropriate. | Yes; public reprimand and $100 costs |
| Was the misconduct an isolated incident or part of a pattern? | Presented as isolated; but serious impact on integrity. | Incident was isolated; not a pattern. | Isolated incident |
Key Cases Cited
- Miss. Comm’n on Judicial Performance v. Willard, 788 So.2d 736 (Miss. 2001) (illustrates removal for misuse of contempt powers)
- Miss. Comm’n on Judicial Performance v. Gunter, 797 So.2d 988 (Miss. 2001) (public reprimand and costs for contempt powers misuse)
- Miss. Comm’n on Judicial Performance v. Byers, 757 So.2d 961 (Miss. 2000) (fines, reprimands, and costs for contempt-related offenses)
- Miss. Comm’n on Judicial Performance v. Walker, 565 So.2d 1117 (Miss. 1990) (misuse of contempt powers; recommended sanction)
- Miss. Comm’n on Judicial Performance v. Sanders, 749 So.2d 1062 (Miss. 1999) (public reprimand and costs for improper contempt procedures)
- Miss. Comm’n on Judicial Performance v. Britton, 936 So.2d 898 (Miss. 2006) (harm to administration of justice and public trust considerations)
- Miss. Comm’n on Judicial Performance v. Bradford, 18 So.3d 251 (Miss. 2009) (moral turpitude considerations in misconduct)
- Miss. Comm’n on Judicial Performance v. Roberts, 952 So.2d 934 (Miss. 2007) (moral turpitude and disrepute considerations in misconduct)
- West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624 (1943) (First Amendment rights in compelled speech)
- Gibson v. Miss. Comm’n on Judicial Performance, 883 So.2d 1155 (Miss. 2004) (Gibson factors for determining sanctions)