Justia Legal Ethics Opinion Summaries

The Mississippi Commission on Judicial Performance recommended that Mendenhall municipal court judge Bruce B. Smith be publicly reprimanded, suspended from office for thirty days without pay, and pay costs for: (1) failing to properly adjudicate criminal matters assigned to him; (2) engaging in ticket-fixing; and, (3) dismissing criminal charges against multiple defendants in exchange for simultaneous payments to a "drug fund" established and maintained by the Mendenhall police chief. The Commission found that Judge Smith's conduct constituted willful misconduct in office and conduct prejudicial to the administration of justice which brought the judicial office into disrepute under Section 177A of the Mississippi Constitution of 1890. Specifically, the Commission found by clear and convincing evidence that Judge Smith violated Canons 1, 2A, 3B(1), 3B(2), and 3B(8) of the Code of Judicial Conduct. Upon review, the Supreme Court concurred with the Commission’s findings and adopted its proposed discipline. View "Mississippi Comm'n on Judicial Perf. v. Smith" on Justia Law

In this appeal, the issue before the Supreme Court centered on whether a chief municipal court judge whose son became a member of the police department in the same municipality could hear cases involving that police department. The Supreme Court held that, "consistent with the canons of the Code of Judicial Conduct, a municipal court judge whose child becomes a police officer in the same municipality may not hear any cases involving that police department. The judge also may not supervise other judges who hear those cases." View "In the Matter of Advisory Letter No. 7-11 of the Supreme Court Advisory Committee on Extrajudicial Activities" on Justia Law

Smith was disbarred by the Tenth Circuit in 1996, followed by reciprocal disbarments by the Fifth Circuit, the U.S. District of Colorado and Northern District of Texas, and the Colorado Supreme Court. In 2007, the Tenth Circuit granted reinstatement, provided that Smith met conditions. The conditions were satisfied, and Smith was reinstated. The other courts then readmitted him to their bars, except the Colorado Supreme Court. The United States District Court for the District of Colorado then reversed itself and denied reinstatement, because Smith remained disbarred by the Colorado Supreme Court. The Tenth Circuit affirmed. Smith filed suit in the Court of Federal Claims, seeking compensation and equitable relief, alleging violations substantive and procedural due process and of equal protection, and judicial takings of his private property right to practice law and make a living. The Claims Court dismissed, reasoning that absent a money-mandating statute providing for compensation for such government action, it had no jurisdiction and that because the revocation actions became final no later than 1999, suit under the Tucker Act was barred by the six-year limitations period, 28 U.S.C. 2501.. The Federal Circuit affirmed. View "Smith v. United States" on Justia Law

In 2010 the U.S. and Wisconsin sued, alleging that defendants polluted the Lower Fox River and Green Bay with PCBs, and had liability under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601, for response costs and destruction of natural resources, estimated at $1.5 billion. The Justice Department submitted a proposed consent decree, negotiated among the state, defendants (Brown County and the City of Green Bay), and Indian tribes. The U.S. offered $4.5 million because federal agencies might have contributed to the pollution. Menasha opposed the decree and counterclaimed against the U.S. for costs that Menasha would incur if found liable. Ordinarily a non-party to a consent decree is not bound by it, but approval of the consent decree would otherwise extinguish Menasha’s claims. Menasha sought information under the Freedom of Information Act, claiming that U.S. attorneys, being from defense and prosecution teams, actually have adverse interests, and that their communication concerning the case resulted in forfeiture of attorney work product privilege. The district court held that Menasha was entitled to the documents. The Seventh Circuit reversed, reasoning that Menasha’s claim actually amounted to assertion that the federal attorneys “ganged up” to reduce federal liability and that the documents are privileged. View "Menasha Corp. v. U.S. Dept. of Justice" on Justia Law

The Mississippi Commission on Judicial Performance filed a formal complaint against Hancock County Justice Court Judge Tommy Carver. It alleged that Judge Carver had ex parte communication with Steven K. Roche about his pending criminal case; failed to disclose such ex parte communication to the prosecutor; dismissed the charges against Roche without a hearing and without any motion to dismiss by the prosecutor; and falsified court records by noting on the file that two witnesses, Officers Bryce Gex and John Grimsley of the Mississippi Department of Marine Resources Marine Patrol, were absent when Roche's case was called for trial. A three-member committee appointed by the Commission recommended that Judge Carver be suspended thirty days from office without pay, publicly reprimanded, and assessed costs. The Commission adopted the committee's findings. After conducting an independent inquiry of the record and giving careful consideration to the findings of fact and recommendations of the Commission, the Supreme Court ordered that Judge Carver be publicly reprimanded and assessed costs. View "Mississippi Commission on Judicial Performance v. Carver" on Justia Law

his matter came before the Supreme Court on the recommendation of the Judiciary Commission of Louisiana that respondent Judge Leo Boothe of the Seventh Judicial District Court, Parishes of Catahoula and Concordia, be removed from office and ordered to reimburse and pay the Commission for costs incurred in the investigation and prosecution of this case. The Commission determined that Judge Boothe violated Canons 1, 2A, 2B, 3A(1), 3A(6), and 3C of the Code of Judicial Conduct and engaged in willful conduct relating to his official duty and persistent and public conduct prejudicial to the administration of justice that brought his judicial office into disrepute, in violation of La. Const. art. V, sec. 25(C). After reviewing the record and the applicable law, the Court found that certain charges against Judge Boothe were proven by clear and convincing evidence; however, the Court rejected the recommendation that he be removed from office. The Court suspended the Judge from office for one year, without pay, and ordered him to reimburse and pay the Commission $11,731.79 in costs. View "In re: Judge Leo Boothe, Seventh Judicial District court Catahoula & Concordia Parishes" on Justia Law

This matter arose from a recommendation of the Judiciary Commission of Louisiana regarding the failure of Justice of the Peace Luann Landry (St. Bernard Parish, Ward E) to comply with the financial reporting requirements of Louisiana Supreme Court Rule XXXIX for calendar year 2010. Upon review, the Supreme Court found that the record establishes by clear and convincing evidence that Justice of the Peace Landry failed to comply with the financial disclosure requirement thereby subjecting her to a civil monetary penalty. Justice of the Peace Landry was ordered to pay a civil penalty in the amount of $500.00, plus costs of $554.00. View "In re Justice of the Peace Luann Landry" on Justia Law

This matter arose from a recommendation of the Judiciary Commission of Louisiana regarding the failure of Justice of the Peace Stacie P. Myers (Point Coupee Parish, District 4) to comply with the financial reporting requirements of Louisiana Supreme Court Rule XXXIX for calendar year 2010.Upon review, the Supreme Court found that the record establishes by clear and convincing evidence that Justice of the Peace Myers failed to comply with the financial disclosure requirement thereby subjecting her to a civil monetary penalty. Justice of the Peace Myers was ordered to pay a civil penalty in the amount of $1,500.00. View "In re Justice of the Peace Stacie Myers" on Justia Law

This matter arose from a recommendation of the Judiciary Commission of Louisiana regarding the failure of Justice of the Peace Thomas Threet (Calcasieu Parish, Ward 6) to comply with the financial reporting requirements of Louisiana Supreme Court Rule XXXIX for calendar year 2010. Upon review, the Supreme Court concluded that the record established by clear and convincing evidence that Justice of the Peace Threet failed to comply with the financial disclosure requirement thereby subjecting him to a civil monetary penalty. Justice of the Peace Threet was ordered to pay a civil penalty in the amount of $2,500.00, plus costs of $253.20. In addition, Justice of the Peace Threet was ordered to file his financial disclosure statement for 2010. View "In Re: Justice of the Peace Thomas Threet" on Justia Law

Respondent Walter Martin was presiding over bond court when one of the defendants before him questioned the bond set. Respondent became upset with the defendant and asked the defendant whether he was calling respondent a liar. When the defendant responded, "[n]o, I'm not going anywhere," respondent replied, "[o]kay. Because I'll beat your ass if you call me a liar." Respondent immediately apologized to the defendant. The Office of Disciplinary Counsel (ODC) charged Respondent with misconduct. Respondent regretted his comment, and the parties entered into an Agreement for Discipline by Consent whereby Respondent admitted to the misconduct, and consented to the imposition of a public reprimand, admonition, or letter of caution. The Supreme Court accepted the Agreement and issued a public reprimand. View "In the Matter of Greenwood County Magistrate Walter Martin" on Justia Law