Mississippi Commission on Judicial Performance v. Buffington

Summary

The Supreme Court of Mississippi approved a joint motion adopting the Mississippi Commission on Judicial Performance's recommendation that Chancellor Larry Buffington be publicly reprimanded and assessed $100 in costs. The court found that Buffington engaged in willful misconduct and conduct prejudicial to the administration of justice by issuing subpoenas that did not comply with Mississippi Rule of Civil Procedure 45 and expressing disregard for that noncompliance.

Holdings

1. Judge Buffington's knowing issuance of subpoenas that failed to comply with Rule 45, together with his admission that he did not care about the legal violation, constituted willful misconduct in office and conduct prejudicial to the administration of justice that brought the judicial office into disrepute.
2. A public reprimand and assessment of $100 in proceeding costs were appropriate sanctions for Judge Buffington's misconduct.
3. Judicial-misconduct proceedings are reviewed de novo, with considerable deference to Commission findings supported by clear and convincing evidence and to the Commission's recommendations, while the Supreme Court retains an independent duty to review the matter.

Questions Presented

1. Whether Judge Buffington's issuance of subpoenas in violation of Mississippi Rule of Civil Procedure 45 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 and $100 in costs should be approved.

Disposition

approved