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Mississippi Commission on Judicial Performance v. Harris
131 So. 3d 1137
| Miss. | 2013
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Background

  • 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)
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Case Details

Case Name: Mississippi Commission on Judicial Performance v. Harris
Court Name: Mississippi Supreme Court
Date Published: Dec 5, 2013
Citation: 131 So. 3d 1137
Docket Number: No. 2013-JP-00496-SCT
Court Abbreviation: Miss.