Mississippi Commission on Judicial Performance v. Ivory E. Britton

Summary

The Supreme Court of Mississippi reviewed judicial misconduct findings against Hinds County Justice Court Judge Ivory E. Britton, including repeated ex parte communications and improper alteration of judgments. The court increased the recommended sanction and ordered a public reprimand, a thirty-day suspension without pay, and payment of $1,118.37 in costs.

Holdings

1. Judge Britton's ex parte communications with litigants and his alteration or setting aside of final judgments without notice, hearing, or proper procedure constituted willful misconduct in office and conduct prejudicial to the administration of justice under Article 6, section 177A of the Mississippi Constitution.
2. A judge's claimed ignorance of the law and of basic judicial duties does not excuse judicial misconduct and may itself demonstrate that the judge failed to meet the responsibilities of judicial office.
3. The Commission's recommended public reprimand and costs were insufficient; the appropriate sanction was a public reprimand, a thirty-day suspension without pay, and assessment of $1,118.37 in costs.

Questions Presented

1. Whether Judge Britton's repeated ex parte communications with litigants and alteration or setting aside of judgments without notice or proper procedures constituted sanctionable judicial misconduct.
2. Whether ignorance of the Code of Judicial Conduct and applicable justice-court procedures excused or mitigated Judge Britton's misconduct.
3. Whether the Commission's recommended public reprimand and assessment of costs were an appropriate sanction under the circumstances.

Disposition

other