Mississippi Commission on Judicial Performance v. Walker
172 So. 3d 1165
| Miss. | 2015Background
- Judge Joe Dale Walker, Chancery Court Judge (Thirteenth Chancery Court District, Post Two), was investigated for mismanagement of a conservatorship and related irregularities.
- FBI and Commission investigations led to a federal grand jury; Walker pled guilty in federal court to attempting to corruptly influence a grand jury witness and impede production of documents in violation of 18 U.S.C. § 1512(c)(2).
- Walker resigned from judicial office after pleading guilty and admitted violating Canon 1 of the Code of Judicial Conduct and Mississippi Const. § 177A.
- The Mississippi Commission on Judicial Performance and Walker filed an Agreed Statement of Facts and Proposed Recommendation that Walker be removed and assessed costs; the Commission adopted it unanimously.
- The Mississippi Supreme Court retained authority to independently review the Commission’s recommendation and to accept, reject, or modify sanctions despite the agreed recommendation or the judge’s resignation.
- The Court concluded removal was appropriate and taxed Walker with costs totaling $3,392.34.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to sanction a judge after guilty plea/resignation | Commission: Court may impose sanctions on judges recommended for discipline, even post-resignation | Walker: Resignation might moot need for sanctions | Held: Court retains authority; resignation does not bar sanctions |
| Effect of federal felony guilty plea on removal | Commission: Felony plea constitutes willful misconduct/grounds for removal under §177A | Walker: Plea admitted; agreed removal appropriate (no opposing argument) | Held: Guilty plea supports removal from office |
| Whether agreed recommendation is binding | Commission: Joint recommendation for removal and costs should be accepted | Walker: Agreed to recommendation (no separate claim of finality) | Held: Court may accept, reject, or modify; here it accepted removal and costs |
| Assessment of costs | Commission: Costs should be taxed to Walker | Walker: Agreed to assessment (no opposing argument) | Held: Walker taxed $3,392.34 in costs |
Key Cases Cited
- Miss. Comm’n on Judicial Performance v. Darby, 143 So.3d 564 (Miss. 2014) (court not bound to accept joint recommendation)
- Miss. Comm’n on Judicial Performance v. Boone, 60 So.3d 172 (Miss. 2011) (Supreme Court conducts independent review of Commission record)
- Miss. Comm’n on Judicial Performance v. DeLaughter, 29 So.3d 750 (Miss. 2010) (resignation does not preclude removal for serious judicial misconduct)
- In re Removal of Anderson, 412 So.2d 743 (Miss. 1982) (Court grants itself authority to make final determination after Commission proceedings)
- Miss. Comm’n on Judicial Performance v. Skinner, 119 So.3d 294 (Miss. 2013) (acceptance of joint recommendation is not automatic)
- Miss. Comm’n on Judicial Performance v. Bustin, 71 So.3d 598 (Miss. 2011) (resignation does not allow judge to avoid discipline)