Mississippi Commission on Judicial Performance v. Gunter

Summary

The Mississippi Supreme Court reviewed a disciplinary proceeding against George Gunter, a part-time City of Petal municipal court judge. The court adopted an agreed recommendation finding misconduct involving improper use of judicial authority, intemperate conduct, and misuse of criminal-history information. Gunter was publicly reprimanded, fined $1,500, and assessed $100 in costs.

Holdings

1. Gunter's admitted conduct violated the Mississippi Constitution, Mississippi Code section 45-27-13, the cited federal criminal statutes, and the specified Canons of Judicial Conduct, and constituted willful misconduct in office and conduct prejudicial to the administration of justice that brought the judicial office into disrepute.
2. Willful misconduct in office is the improper or wrongful use of judicial power by a judge acting intentionally or with gross unconcern for the consequences, generally in bad faith; a specific intent to use judicial power for a purpose the judge knew or should have known was beyond legitimate authority constitutes bad faith.
3. Willful misconduct in office is per se prejudicial to the administration of justice and brings the judicial office into disrepute; conduct that does not rise to the level of willful misconduct may nonetheless be prejudicial through negligence or ignorance not amounting to bad faith.
4. The appropriate sanction was a public reprimand, a $1,500 fine, and assessment of $100 in proceeding costs.

Questions Presented

1. Whether Gunter's admitted conduct constituted willful misconduct in office and conduct prejudicial to the administration of justice that brought the judicial office into disrepute.
2. Whether the Commission's recommended sanctions of a public reprimand, a $1,500 fine, and $100 in costs were appropriate.

Disposition

approved