IN THE SUPREME COURT OF MISSISSIPPI NO. 2018-JP-01578-SCT MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE

v. JUDGE JIMMY

McGEE

DATE OF JUDGMENT: 10/29/2018 TRIAL JUDGE: HON. KENT McDANIEL COURT FROM W HICH APPEALED: COMMISSION ON JUDICIAL PERFORMANCE ATTORNEYS FOR APPELLANT: MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE BY: DARLENE D. BALLARD RACHEL W . MICHEL MEGAN C. BRITTAIN ATTORNEY FOR APPELLEE: ANTHONY L. FARESE NATURE OF THE CASE: CIVIL - JUDICIAL PERFORMANCE DISPOSITION: PUBLIC REPRIMAND AND FINE OF $1,683.34 - 04/04/2019 MOTION FOR REHEARING FILED: MANDATE ISSUED:

EN BANC. BEAM, JUSTICE, FOR THE COURT: ¶1. The M ississippi Com m ission o n J u d i c i a l P e r fo r

m a n c e fi l e d a fo r

m a l com plaint against
J u s t ice Court Judge J im m y McGee, outlining m

ultiple allegations of judicial m i sconduct. The Com m ission a n d J u dge McGee entered into an a g reed stipulation of f acts and

recom m ended a p ublic r eprim and and a f i ne of $1,683.34. The Com m i ssion a nd Judge
McGee f iled a j oint m otion f

o r approval of the r ecom m e ndation with t h i s C o u r t

. Af terconsideration, we af f irm t he Com m ission’s recom m endation of a public repr i ma n d a nd $1,683.34 f

i ne. FACTS AND PROCEDURAL HISTORY ¶2. J u d ge McGee serves as a justice court judge f or Alcorn County , Missis s i p p i , P o s t Two. He agreed to the f

ollowing determ inations m ade by the Com m ission. Failing to Issue Civil Rulings in a Timely Manner ¶3. Judge McGee f

ai l e d t o issue f

inal orders on civil m atters af ter conducting hearings and holding cases in abey ance. T h e Com m ission f ound t hat, “on March 25, 2014, Angela Hight f iled a com plaint in Cause No. 1072-427, Angela Diane Hight v. T rustm ark National
Bank and Jerem

y Todd Hight

. On May 6, 2014, Todd Hight f iled his answer and requested

a continuance.” Trustm ark f i led its answer on the sam e day

. O n August 8, 2 0 1 4 , J u d g e McGee presided over a two-hour hearing in t he case, during which all parties appeared, presented evidence, and called witnesses. Following the hearing, Judge McGee inf orm ed the parties “he was g o ing t o hold the case in abey ance an d w o u l d have a r uling b y August 26, 2014.” But Judge McGee “f ailed to m ake a ruling in the case.” ¶4. “[ T]he C om m ission discovered [ twenty -seven] sim ilar c ases establishing a pattern of

co n d u c t i n w hich [ Judge McGee] conducted hearings in civil cases, held the cases in abey ance, and f

ailed to rule on the m atter.” Judge McGee since has adjudicated all of the cases of which he still had jurisdiction. Issuing an Order in a Civil Case without Conducting a Hearing on the Merits

2¶5. The Com m ission f ound t hat, “on June 21, 2016, Rick Q uinn f i led com p laints in Cause
No. 1079-448, Rick Quinn v. Lawrence “Larry” G oodine , and Cause No. 1 079-447, Rick Quinn v. Am anda Lee Alexander .” Rick Quinn claim ed i n e a ch case that t he o pposing party had m isappropriated his property , and Quinn r e q u e s ted m oney dam ages. J udge McGee granted def

a ult judgm ents in both cases. “On October 4, 2016, J u dge McGee, s u a sponte , entered an order setting aside both def ault judgm e n ts.” The order stated that “the def ault judgm ents were entered in error because counsel f or both sides had previously agreed to reset the cases.” ¶6. On October 25, 2016, Larry Goodine and Am anda Alexander j ointly f iled a m otion

to dism iss f

o r lack of subject-m atter j urisdiction, claim i ng t hat b ecause the case had begun

as a crim inal m a tter in Alcorn C ounty Circuit Court, the Alcorn C ounty Justice C ourt did not have jurisdiction. Theref

ore, t he m atter should have been b ef ore the circuit court. A m otion h earing o c curred on Decem ber 21, 2016, af

ter which Judge M cGee dism issed the case against Am a nda Alexander. Judge McGee said he would hear Larry Goodine’s case at a later date. ¶7. On July 19, 2017, Judge McGee denied Goodine’s m otion to dism iss, and h e granted Rick Q uinn a judgm ent without a hearing o n the m erits. Because Larry Goodine thereaf ter f iled a notice of appeal in circuit court, Judge McGee lacks jurisdiction t o t a k e rem edial action in the case. Dismissed Allegation of Retaliation

3¶8. Initial l y , t h e Com m ission had c harged Judge McGee with retaliatory action against

f orm er Alcorn County Justice Court Clerk Jone Dixon based on Judge McGee’s a ppearance bef ore the Alcorn County Board of Supervisors during executive session. But a f t er f urther investigation and review o f af f idavits prov i d e d b y Judge McGee, the Com m ission determ ined that Judge McGee had not engaged in any f o rm of retaliation. ¶9. Judge McGee stipulated that his conduct violated the f ollowing canons of

the Code of Judicial Conduct: C anons 1, 2A, 3A, 3B(1), 3B(2) , 3 B (8), and 3C(1). Judge McGee stipulated also that s uch actions constituted m isconduct in of f ice and conduct p rejudicial to the adm inistration of

justice which brings the judicial of f ice i nto disrepute p ursuant to article 6, section 177A, of t he Mississippi Constitution. The C om m ission and Judge McGee agreed to a proposed recom m endation of a public reprim and and a $1,683.34 f ine.
ANALYSIS ¶10. The Mississippi Constitution vests this Court with the sole power to im pose sanctions in judicial m isconduct m a tters. Miss. Const. art. 6, § 177A. Thus, this Court “m ust under t a k e a n i ndependent inquiry of the case r ecord.” Miss. Com m ’n on Judicial Perform ance v. Sm ith , 109 So. 3d 95, 98 (Miss. 2013) (citing In re Anderson , 412 So. 2d 743, 746 (Miss. 1 982)). “ I n s o d o i ng, this Court a c cords ‘caref ul consideration [ to] the f indings of f

act and recom m endations of the Com m i ssion, or its c om m ittee, which has had

t h e o p p o r tunity to observe the dem eanor of the w itnesses.’” Id . (alteration in origi n a l ) (quoting In re A nderson , 4 12 So. 2d at 746). W e m ay “accept, reject, o r m odif y ” the

4Com m i ssion’s f indings and r ecom m endations. Id. (quoting Miss. C om m ’n on Judici a l Perf orm ance R.10(E)). ¶11. I n d e t e r

m i ning the appropriate sanctions f or judicial m isconduct, the f ollo w i n g fa c t o r s are considered: (1) the length and character of the judge’s public service; ( 2) w hether there is any prior caselaw on p oint; (3) the m agnitude of the o f f e nse and the harm suf f ered; (4) w hether the m iscond u c t is an isolated incident or e vidences a pattern of conduct; (5) whether the c o nduct w as w i l l f ul, intended to deprive the public o f assets, or i f i t exploited the judge’s position; and (6) the presence or absence of m itigating or aggravating f actors. Miss. Com m ’

n o n Judicial Perform ance v. Curry , 249 So. 3d 369, 375 ( M i s s . 2 0 1 8 ) (quoting Miss. C

om m ’ n on Judicial Perform ance v. V ess , 227 So. 3d 952, 956-57 (Miss. 2017)). (1) Length and Character of Judge McGee’s Public Service ¶12. Judge McGee has served a justice c o u r t judge i n A lcorn County f or e ighteen y ears. (2) Prior Caselaw ¶13. As the Com m ission f ound, Judge McGe e f

a i l ed to tim ely rule in t wenty -eight civil

cases. One case had n o t b e e n resolved f or seven y ears. T he m ost recent case had been pending f or over seven m onths bef ore a f orm al com

plaint was f

iled. ¶14. Also, while p residing over the two cases f iled by Rick Quinn against Larry Goodine and A m anda Alexander, Judge McGee entered a judgm ent in f avor Quinn without holding a hearing on the m erits of the case. Judge McGee had previously inf orm ed the parties that he would hold the hearing, but then he f ailed to do so.

5¶15. In Mississippi Com m ission on Judicial Perform ance v. Agin , 987 So. 2d 418, 418

(Miss. 2008), J udge W illiam Agin was privately adm onished f or f ailing to issue rulings in

num erous cases. The p rivate adm onishm ent was conditioned upon the f act that Judge Agin would rule on the c ases within ninety day s. Id. Judge Agin f a iled to r u l e on three of the

cases in the prescribed tim e period. Id. This Court f ound that Judge Agin v iolated Canons 1, 2A, 3B(8), and 3 C(1). Id. at 420. Judge Agin was publicly reprim anded and was assessed the costs of

the m atter. Id. ¶16. In Mississip

p i C o m m i s sion on Judicial Perform ance v . Agin , 17 So. 3d 578, 582 (Miss. 2009), Judge Agin was again charged with f ailing t o r ender decisions in a tim ely

ma n n e r . This Court again f ound that Judge A gin had violated Canons 1, 2A, 3(B)(8 ) a n d 3C(1). Id. This C ourt ordered that Judge Agin be publicly reprim a n ded and assessed costs. Id. at 583. ¶17. In M

i ssissippi Com m ission on Judicial Perform ance v. Roberts , 227 So. 3d 938, 941 (Miss. 2017), J udge Keith Stokes Robe r t s i s sued a def ault judgm ent that dif

f ered substantially f

r om the com

plaint. W hile the com

plaint was f

or a bad-check f

e e f or $546.50, Judge Roberts granted the plaintif f $3,564.00 and an eviction. I d . Addressing t he m atter, this Court opined, “It is bey ond t he pale that Judge Roberts should h ave known that his

a c t i ons am e nding t he com plaint and ordering an eviction were bey ond the l egitima t e

e x e r c i s es of his authority .” I d. at 945. This Court f

urther stated that “this Court h a s ma d e cle ar that abuse of process, f ailure to f

ollow statutory dictates, and procedural errors are sanctionable.” Id. a t 949. This Court f ound that J u dge Roberts had violated Canons 1, 2A,

63B(2), 3B(8), and 3C(1) o f the Code of Judicial Conduct. Id. at 950. This Court ordered that

Judge Roberts be publicly reprim anded, f

ined $3,000, and assessed costs. Id. (3) Magnitude of Offense ¶18. Judge M cGee eng a g e d i n a pattern of delay in r endering opinions, w hich gave the
appearance that he f

ailed to diligently perf

orm his judicial duties. And hi s conduct spans

num erous cases. The citizens of Alcorn County d eserve p rom pt decisions, which they did

not receive. Litigan t s h ave s uf f ered h arm by Judge McGee’s f ailure to render p rom

pt and tim ely d ecisions. And his conduct undoubtedly has caused the litigants t o incur unnecessary expenses due to prolonged litigation. (4) Pattern of Conduct ¶19. Judge McGee has a h i s t o ry with the Com m ission and this Court, although the prior

com plaints do not address t h e c o n d uct here. Judge McGee h as had three p rior com plaints bef o r e the Com m ission. Two w ere resolved by inf orm al Com m ission action r esulting in letters of caution, and one resulted in a suspension f rom of f ice and a public reprim and. ¶20. In I nquiry C oncerning a Judge No

. 2 0 0 0

- 0 1 3 , J udge M cGee was cautioned that he could not s e r v e a s a correctional of f icer and a justice court judge sim ultaneously

. Judge McGee thereaf

ter resigned as a correctional of f icer. ¶21. In Inquiry Concerning a Judge No. 2017-212, Judge M c G e e w a s c a u t i o n e d c o n c e r ning the procedure f

or when a l aw-enf

orcem ent of

f icer has been c h a rged with a crim e. Judge
McGee was rem inded that in such m atters, the circuit c ourt presides over the probable-cause hearing.

7(5) Willfulness, Deprivation of Assets, or Ex ploitation of Position

¶22. No allegation i s m ade that Judge McGee’s conduct was intended to d eprive t he public of assets or that Judge McGee exploited his position as a justice court judge. (6) Mitigating or Aggravating Factors ¶23. Judge McGee’s history with t h e C o m m i s s i o n i s a

n aggravating f

actor. Judge McGee’s cooperation with the Com m ission, however, is a m itigating f actor. Judge McGee f

ully participated in the Com m ission’s investigation of t his m atter. He adm itted wrongdoing and stipulated to the f

a cts and t he Com m ission’s r ecom m endation. J udge McGee a lso has since adjudicated all of the cases in which he retained jurisdiction.
CONCLUSION ¶24. T h i s C o u r t g r ants the parties’ joint m otion f or approval o f t h e C o mmi s s i o n ’ s

recom m endation and orders Justice Court Judge McGee to be publicl y r e p r i m a n d e d and f

ined $1,683.34. Af

ter the m andate in t his case has issued, Judge McGee shall appear on the f irst day of t he next t erm of the Circuit Court of Alcorn C ounty in which a j ury venire is present to be reprim anded by

the presiding judge in open court. ¶25. J U S T I C E C O U R T J U D G E J I M M Y M c G E E S H A L L B E P U B L I C L Y REPRIMANDED IN OPEN COURT B Y THE PRESIDING JUDGE ON THE FIRST DA Y OF THE NEX T TERM OF THE CIRCUIT C OURT OF ALCORN COUNTY IN W H I C H A JURY V ENIRE IS PRESENT, WITH JUDGE McGEE PRESENT, FOLLOWING THE I SSUANCE OF THE MANDATE O F THIS C O U R T . JUDGE JIMMY McGEE SHALL BE FINED $1,683.34. RANDOLPH, C .J., KITCHENS AND KING, P.JJ., COLEMAN, M AX WELL, CHAMBERLIN, ISHEE AND GRIFFIS, JJ., CONCUR.

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