Thursday, October 2, 2008

Voted Out Not Removed

A former justice court judge was reprimanded by the Mississippi Supreme Court. The judge was the subject of two complaints alleging that she had exceeded her authority in separate matters. The court sustained the conclusion of the Commission on Judicial Performance that one of the charges was not proven. Further, the commission's counsel cannot appeal that conclusion ("there is no provision in the [pertinent rules] which allows Commission Counsel to appeal the decision of his own client"). The other matter involved the repeated entry of unlawful orders that resulted in incarceration of a person for the non-existent crime of "peace bond."

The court would have removed the judge but the voters of Hinds County had already resolved the issue by voting her out of office or, as the court put it, "suffered defeat at the hands of the electorate." (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/10/voted-out-not-r.html

Judicial Ethics and the Courts | Permalink

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