Mississippi Commission on Judicial Performance v. Harris
131 So. 3d 1137
| Miss. | 2013Background
- Judge Harris, presiding chancellor, held contempt hearings against private process-servers, an employer, and notaries for alleged improper service and fraudulent affidavits.
- At show-cause hearings, Harris permanently limited defendants’ attorneys from speaking or presenting defenses and did not recuse himself despite being the citing judge in all cases.
- The Mississippi Supreme Court appointed emergency relief and directed recusal in related constructive-contempt proceedings, vacating several orders and remanding with recusal instructions.
- The Mississippi Commission on Judicial Performance charged Harris with willful misconduct and conduct prejudicial to the administration of justice under the state constitution and judicial canons.
- The Commission and Harris entered an Agreed Statement of Facts; the Commission recommended public reprimand, a $2,500 fine, and $200 costs, which Harris agreed to.
- The Court conducted its de novo review, independently evaluating the record and the six-factor sanction framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Harris commit misconduct by abusing contempt power and failing to recuse? | Commission argues willful misconduct and violation of Canons 1, 2A, 3B(1), 3B(2), 3B(4), 3E(1)(a). | Harris contends conduct was improper but within discretion and acknowledges some due-process concerns resolved by remand. | Yes; Harris committed willful misconduct and violated multiple canons. |
| Are the Commission's proposed sanctions appropriate and proportional? | Commission-supported sanctions are appropriate given the misconduct and lack of prior pattern. | Harris agrees with recommendation; no significant argue for alternative sanction. | Yes; sanctions (public reprimand, $2,500 fine, $200 costs) are appropriate. |
Key Cases Cited
- Cooper Tire & Rubber Co. v. McGill, 890 So.2d 859 (Miss. 2004) (constructive contempt requires due-process safeguards and recusal)
- Darby, 75 So.3d 1037 (Miss. 2011) (recusal and due-process requirements in constructive-contempt cases)
- Gunter, 797 So.2d 988 (Miss. 2001) (abuse of contempt power violates Canons 1 and 2A)
- Willard, 788 So.2d 736 (Miss. 2001) (due-process failures in contempt proceedings; removal context cited)
- Spencer, 725 So.2d 171 (Miss. 1998) (poor demeanor and hostility can prejudice administration of justice)
- Smith, 78 So.3d 889 (Miss. 2011) (confrontational conduct and discourtesy constitute misconduct)
- Byers, 757 So.2d 961 (Miss. 2000) (procedural due-process rights in contempt proceedings)
- Skinner, 119 So.3d 294 (Miss. 2013) (willfulness defined by awareness of due-process protections)
