Mississippi Commission on Judicial Performance v. Darby
143 So. 3d 564
| Miss. | 2014Background
- Leigh Ann Darby, Tate County Youth Court Referee/Drug Court Judge/Family Master, was charged by the Mississippi Commission on Judicial Performance with willful judicial misconduct and conduct bringing the judiciary into disrepute for violating multiple Canons and Miss. Const. art. 6, § 177A.
- Darby previously appeared before the Commission (Darby I), admitting she imposed contempt sanctions without required due process; the Court then publicly reprimanded her, fined $500, and assessed costs.
- In the present matter Darby admitted she unlawfully incarcerated eight parents and three minors (total eleven citizens) without affording due process, and acknowledged a pattern of abusive, discourteous courtroom behavior violating judicial temperament canons.
- The Commission and Darby executed an Agreed Statement of Facts and Proposed Recommendation that she be removed, barred from future judicial office, and assessed $200 costs; the Commission unanimously adopted that recommendation.
- The Court reviewed the joint recommendation, rejected the portion purporting to prohibit Darby from holding future judicial office (concluding it lacks express constitutional authority to impose such a prohibition), and instead ordered removal, a $1,000 fine, and $200 costs. Darby had resigned after a Tate County “No Confidence” resolution and a 60-day suspension.
Issues
| Issue | Plaintiff's Argument (Commission) | Defendant's Argument (Darby) | Held |
|---|---|---|---|
| Whether Darby committed judicial misconduct | Darby willfully denied due process by incarcerating citizens and treated litigants abusively, violating Canons and §177A | Darby admitted the conduct and its wrongfulness; she stipulated lack of judicial temperament | Court: Yes — misconduct in violation of Canons 1, 2(A), 3(B)(2), 3(B)(4), 3(B)(8) and §177A |
| Whether agreed sanction (removal, prohibition from future office, $200 costs) is appropriate | Recommended removal and prohibition from holding future judicial office; minimal costs included | Darby agreed to the recommendation as part of the stipulation and acknowledged unfitness for future judicial service | Court: Removal appropriate; increased fine to $1,000 and costs $200; prohibition for future office not imposed by Court (lacks express constitutional authority) |
| Whether resignation moots or limits sanctions | Commission: Resignation should not defeat discipline; sanctions still proper | Darby: had resigned and was suspended; did not contest further discipline in brief | Court: Resignation does not bar sanctions; removed and fined despite resignation |
| Whether this conduct is isolated or demonstrates a pattern and impacts sanction severity | Commission: Pattern (previous similar conduct, eleven incidents) warrants significant sanction | Darby: admitted lack of judicial temperament; sought acceptance of agreed sanction | Court: Conduct is repeated and willful; prior discipline and pattern are aggravating; mitigating factor is admission/cooperation |
Key Cases Cited
- Mississippi Comm’n on Judicial Performance v. Darby, 75 So.3d 1037 (Miss. 2011) (prior disciplinary decision involving Darby)
- Mississippi Comm’n on Judicial Performance v. Skinner, 119 So.3d 294 (Miss. 2013) (court reviews commission recommendations and considers willfulness in lieu of moral turpitude)
- Mississippi Comm’n on Judicial Performance v. Sanford, 941 So.2d 209 (Miss. 2006) (court not bound by commission recommendations)
- Mississippi Comm’n on Judicial Performance v. Smith, 78 So.3d 889 (Miss. 2011) (sanctioning for discourteous demeanor and contempt-process abuse; fine and reprimand imposed)
- Mississippi Comm’n on Judicial Performance v. Osborne, 16 So.3d 16 (Miss. 2009) (court may sanction removed judges who have resigned)
- Mississippi Comm’n on Judicial Performance v. Bustin, 71 So.3d 598 (Miss. 2011) (resignation does not foreclose discipline)
- Mississippi Comm’n on Judicial Performance v. DeLaughter, 29 So.3d 750 (Miss. 2010) (removal despite resignation)
- Mississippi Comm’n on Judicial Performance v. Bradford, 18 So.3d 251 (Miss. 2009) (pattern of repeated violations supports discipline)
- Mississippi Comm’n on Judicial Performance v. Gibson, 883 So.2d 1155 (Miss. 2004) (factors for assessing appropriate sanctions)
- Mississippi Comm’n on Judicial Performance v. Boone, 60 So.3d 172 (Miss. 2011) (discussing application of sanctioning factors)