Mississippi Commission on Judicial Performance v. Vess

Summary

The Mississippi Supreme Court reviewed and adopted the Mississippi Commission on Judicial Performance’s recommendation concerning Justice Court Judge Charles L. Vess. The court found that Vess engaged in willful misconduct and conduct prejudicial to the administration of justice by threatening to use a gun on a defendant and making demeaning and disparaging remarks to the defendant and the defendant’s mother. The court ordered a public reprimand, a 30-day suspension without pay, a $1,100 fine, and $200 in costs.

Holdings

1. Judge Vess's threat to use a gun on a defendant and his disparaging, demeaning, and intimidating treatment of the defendant and the defendant's mother constituted willful misconduct in office and conduct prejudicial to the administration of justice that brought the judicial office into disrepute, violating Section 177A of the Mississippi Constitution and Canons 1, 2(A), 3(B)(4), and 3(B)(5) of the Code of Judicial Conduct.
2. The appropriate sanction was a public reprimand, a thirty-day suspension without pay, a $1,100 fine, and assessment of $200 in costs.

Questions Presented

1. Whether Judge Vess's admitted conduct constituted willful misconduct in office and conduct prejudicial to the administration of justice that brought the judicial office into disrepute under Section 177A of the Mississippi Constitution.
2. Whether the Commission's recommended sanctions were proportionate to the misconduct and the relevant aggravating and mitigating circumstances.

Disposition

affirmed