Mississippi Commission on Judicial Performance v. Thompson
169 So. 3d 857
| Miss. | 2015Background
- Complaint filed Nov. 12, 2013 alleging multiple counts of judicial misconduct and willful misconduct in office; four counts covering contempt bonds, bail bondsman influence, drug court handling, and additional drug court practices; drug court operated without recertification after 2013 and involved participants from other courts; hearings held Mar–May 2014 with witnesses; Commission recommended removal and fines; Court adopted findings and imposed removal, $3,500 fine, $7,693.38 costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thompson committed judicial misconduct | Commission: clear and convincing evidence of misconduct | Thompson: lacked knowledge of proper forms/law; relied on others | Yes, Thompson committed misconduct across multiple Canon violations. |
| Whether sanction of removal and fines is appropriate | Commission: sanctions necessary to restore confidence | Thompson: seeks lesser sanction or rehabilitation | Yes, sanction of removal with $3,500 fine and costs warranted. |
Key Cases Cited
- Miss. Comm'n on Judicial Performance v. Skinner, 119 So.3d 294 (Miss.2013) (six-factor Skinner test for sanctions guidance)
- Miss. Comm'n on Judicial Performance v. Harris, 131 So.3d 1137 (Miss.2013) (de novo review with deference to Commission findings)
- Miss. Comm'n on Judicial Performance v. Thompson (Thompson I), 972 So.2d 582 (Miss.2008) (earlier reprimand for interceding in a case)
- Miss. Comm'n on Judicial Performance v. Dearman, 73 So.3d 1140 (Miss.2011) (suspension and reprimand for improper conduct)
- Miss. Comm'n on Judicial Performance v. Brown (Osborne lineage), 977 So.2d 314 (Miss.2008) (discipline for improper use of office to aid family/friends)
- Miss. Comm'n on Judicial Performance v. Brown, 918 So.2d 1247 (Miss.2005) (removal for interference in a case involving family)