Mississippi Commission on Judicial Performance v. Littlejohn
172 So. 3d 1157
| Miss. | 2015Background
- Chancellor Talmadge Littlejohn (Union County) modified a 2001 agreed order in March 2012, ordering Ronald Brooks to pay $15,000 for a car and $1,750 in attorney fees; Brooks posted a supersedeas bond and appealed.
- Despite clerk approval of the supersedeas bond (which stays the money judgment), Chancellor Littlejohn held Brooks in contempt on August 7, 2012 for failing to pay and ordered incarceration; Brooks spent three days in jail before this Court vacated the contempt on emergency appeal.
- The Mississippi Commission on Judicial Performance charged Littlejohn with violating Canons 1, 2(A), 3(B)(2), and 3(B)(8) and, after a formal hearing, recommended a $500 fine, public reprimand, and costs.
- The Supreme Court agreed Littlejohn committed willful misconduct by disregarding Rule 8(a) (supersedeas bond stays judgment) and controlling precedent, abused contempt power, and illegally incarcerated Brooks.
- Considering prior similar misconduct (a prior public reprimand for abusing contempt power), service record, and mitigation/aggravation, the Court imposed harsher sanctions than the Commission recommended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Littlejohn violated judicial conduct canons by incarcerating Brooks despite an approved supersedeas bond | Commission: Littlejohn violated Canons 2(A), 3(B)(2), 3(B)(8) by ignoring Rule 8(a) and precedent and unlawfully incarcerating Brooks | Littlejohn: asserted continuing jurisdiction to modify/support orders and claimed he acted according to his understanding of the law | Held: Violations sustained; holding Brooks in contempt while a supersedeas bond was in effect was error and amounted to willful misconduct |
| Appropriate sanction for misconduct | Commission: $500 fine, public reprimand, costs | Littlejohn: sought lesser discipline (argued mitigation and long public service) | Held: Court imposed 30-day suspension without pay, $1,000 fine, public reprimand, and costs ($1,606.47) as proportionate given prior similar misconduct |
| Whether Article 6, §166 of Mississippi Constitution prohibits suspension without pay | N/A before Court (dissent argues §166 forbids diminishing salary during term) | Littlejohn (and dissent): §166 prevents diminution of judicial compensation during continuance in office | Held: Majority: §166 does not prohibit suspending a judge without pay during a disciplinary suspension because the suspended judge performs no services; dissent disagreed and would bar unpaid suspension |
| Weight to give Commission’s recommended sanction | Commission urged deference to its evaluation and recommended modest sanctions | Majority applied independent proportionality review, citing precedent and aggravating factors | Held: Court gave independent judgment and imposed harsher sanctions than the Commission recommended |
Key Cases Cited
- Miss. Comm’n on Judicial Performance v. Harris, 131 So.3d 1137 (Miss. 2013) (discussing standards and proportionality for judicial-discipline sanctions)
- Miss. Comm’n on Judicial Performance v. Skinner, 119 So.3d 294 (Miss. 2013) (sanctions for contempt and procedural due process failures)
- Miss. Comm’n on Judicial Performance v. Littlejohn, 62 So.3d 968 (Miss. 2011) (prior disciplinary proceeding concerning Littlejohn’s abuse of contempt power)
- Miss. Comm’n on Judicial Performance v. Darby, 143 So.3d 564 (Miss. 2014) (removal for multiple contempt and due-process violations)
- In re Removal of Lloyd W. Anderson, 412 So.2d 743 (Miss. 1982) (authority on Court’s power to impose sanctions)
- Holder v. Sykes, 24 So. 261 (Miss. 1898) (construction of Article 6, §166 and limits on reducing judicial compensation)