Friday, December 5, 2008

Exclusive Authority

In a judicial misconduct matter where an interim suspension had been imposed, the Mississippi Supreme Court held that the Commission on Judicial Performance had exceeded its authority by entering into an agreement to settle the matter, as the authority to resolve judicial misconduct cases resides exclusively with the court. The court did not severely criticize the commission, noting that lack of clarity in the rules had caused the issue to arise. The underlying case, which involved alleged misconduct in issuing an arrest warrant and holding the accused on no bond without probable cause, was dismissed as moot because the judge is no longer in office. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/12/exclusive-autho.html

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Comments

Where did you read that the underlying case was dismissed as moot because the judge was no longer in office? I couldn’t find it in the opinion.

In any event, if this is true, then this might be the clearest example yet of a collateral attack on a judge succeeding.

Stephen

Posted by: FixedWing | Dec 5, 2008 7:16:06 AM

The assertion was based on my reading of paragraph 13.

Posted by: Legal Profession Prof | Dec 5, 2008 8:38:48 AM

Ah, my misunderstanding. I had thought you were referring to the underlying *criminal* case and not the disciplinary case against the judge.

Stephen

Posted by: FixedWing | Dec 5, 2008 9:51:54 AM

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