Mississippi Commission on Judicial Performance v. Fowlkes
121 So. 3d 904
| Miss. | 2013Background
- Municipal Court Judge Robert Earl Fowlkes, landlord of Wylie Blanchard, engaged in a verbal altercation with probation officer Carolyn Gunn after court adjourned when Gunn investigated an outstanding warrant for Blanchard.
- Fowlkes followed Gunn into the clerk’s office, threatened to hold her in contempt (despite court being adjourned), told her to "shut up and get out," and had officers escort her from the clerk’s office.
- The Mississippi Commission on Judicial Performance filed a formal complaint charging violations of multiple Canons of the Code of Judicial Conduct and Section 177A of the Mississippi Constitution.
- Fowlkes admitted that his conduct was improper (including using his office to advance private interests, misusing contempt power, and being discourteous) and entered an Agreed Statement of Facts with the Commission; the parties jointly recommended a public reprimand and $200 costs.
- The Supreme Court independently reviewed the record, found violations amounting to willful misconduct and conduct prejudicial to the administration of justice, and in light of Fowlkes’s prior disciplinary history imposed a public reprimand, $200 costs, and an additional $1,000 fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Fowlkes violate the Code of Judicial Conduct/Section 177A by using his office to advance private interests and misusing contempt power? | Commission: Fowlkes used prestige of office to benefit his tenant/landlord interest and improperly threatened contempt, violating multiple Canons. | Fowlkes initially minimized conduct, then admitted impropriety in the Agreed Statement of Facts. | Court: Yes — violations of Canons 1, 2A, 2B, 3B(2), 3B(4), 3C(1) and Section 177A (willful misconduct; conduct prejudicial to administration of justice). |
| What sanctions are appropriate? | Commission + Fowlkes: public reprimand and $200 costs (agreed recommendation). | Fowlkes agreed to those sanctions. | Court: Agreed but added a $1,000 fine because of Fowlkes’s prior disciplinary history. |
| How should the Court assess willfulness and degree of misconduct? | Commission: conduct created appearance of impropriety and reduced public confidence; recommended modest sanction. | Fowlkes: conduct was spontaneous, not premeditated; admitted wrongdoing (mitigating). | Court: Conduct was closer to spontaneous (less premeditation) but still willful enough to warrant sanction and fine given prior record. |
| Does prior disciplinary history affect sanction severity? | Commission: recommended modest sanction notwithstanding history. | Fowlkes: cooperation and admission mitigated punishment. | Court: Prior similar misconduct increased sanction severity — fine imposed in addition to agreed reprimand and costs. |
Key Cases Cited
- Miss. Comm’n on Judicial Performance v. Boone, 60 So.3d 172 (Miss. 2011) (court’s independent review and final decision on sanctions)
- Miss. Comm’n on Judicial Performance v. Hartzog, 32 So.3d 1188 (Miss. 2010) (definition and scope of willful misconduct)
- Miss. Comm’n on Judicial Performance v. Smith, 78 So.3d 889 (Miss. 2011) (abuse of contempt power and sanctioning for poor judicial demeanor)
- Miss. Comm’n on Judicial Performance v. Darby, 75 So.3d 1037 (Miss. 2011) (improper use of criminal contempt and resulting sanctions)
- Miss. Comm’n on Judicial Performance v. Dearman, 73 So.3d 1140 (Miss. 2011) (lending prestige of office to advance private interest and sanctions)
- Miss. Comm’n on Judicial Performance v. Thompson, 972 So.2d 582 (Miss. 2008) (improper intervention in case from which judge was recused)
- Miss. Comm’n on Judicial Performance v. Brown, 761 So.2d 182 (Miss. 2000) (contacting officials to influence case involving judge’s relative; sanctions imposed)
- Miss. Comm’n on Judicial Performance v. Skinner, 119 So.3d 294 (Miss. 2013) (revised sanction factors; emphasis on willfulness and exploitation of office)
- Miss. Comm’n on Judicial Performance v. Gibson, 883 So.2d 1155 (Miss. 2004) (original multi-factor framework for evaluating sanctions)