Justia Professional Malpractice & Ethics Opinion Summaries

The Mississippi Commission on Judicial Performance (Commission) filed a formal complaint against Justice Court Judge Mary Curry, alleging she violated Canons 1, 2A, 2B, 3B(1), 3B(2), 3B(5), 3B(7), 3B(8), and 3C(1) of the Code of Judicial Conduct. Judge Curry stipulated she: (1) “has signed warrants based on affidavits sworn by her relatives . . . .” then would not set bond even though the charges were misdemeanors and recuse herself from the case; (2) displayed a pattern of dismissing Petition for Order of Protection From Domestic Abuse without having statutorily mandated hearings; (3) granted a bond reduction for a relative whose initial appearance she presided over; (4) waived an expungement fee and directed the clerks to void the receipts and refund the money; and (5) requested the complainant-clerk be transferred from her position as Justice Court Clerk once the Judge learned a complaint regarding her conduct had been filed. The Mississippi Supreme Court granted the parties’ joint motion for approval of the Commission’s recommendation and ordered Judge Curry be publicly reprimanded. Judge Curry was ordered to appear on the first day of the next term of the Circuit Court of Claiborne County in which a jury venire would be present, after the mandate in this case has issued, to be reprimanded by the presiding judge. View "Mississippi Commission on Judicial Performance v. Curry" on Justia Law

In 1996, James Harper was to appear before Judge John H. Sheffield at the Lee County Justice Court on charges of driving under the influence and having an expired inspection sticker. But Harper failed to appear, and Judge Sheffield issued a warrant for his arrest. The trial went forward, and Judge Sheffield convicted Harper on both charges. Judge Sheffield then imposed a six-month suspended sentence and a $600 fine for the DUI and a $50 fine for the inspection sticker. That same day, Harper entered into a payment plan with the Lee County Justice Court for his $600 fine. Two days later, he paid $50, which was credited to the DUI case number. Harper appealed his DUI conviction. The conviction was upheld; and he satisfied the terms of his sentence. In 2013, Harper again was arrested for DUI in Lee County. At that point he was told he could not post bond until he resolved a matter with Judge Sheffield. The next day, Harper appeared before Judge Sheffield, who accused Harper of failing to pay the fines imposed for the 1996 justice-court convictions. Despite Harper’s protestation that he had appealed to county court, lost, and paid his fines, and despite the fact that Judge Sheffield had with him the justice-court case files for Harper’s earlier convictions, both of which contained Harper’s notice of appeal and the county-court notification, Judge Sheffield sentenced Harper to serve six months at the Lee County Work Center for the DUI conviction. Harper served four months in the work center before being released due to an infection requiring hospitalization. The Mississippi Supreme Court determined Judge Sheffield’s conduct was not due to an innocent mistake, it amounted to judicial misconduct. So the Court imposed a public reprimand, a 120-day suspension without pay, and a $3,000 fine, and assessed all costs of the proceedings to Judge Sheffield. View "Mississippi Comm'n on Judicial Performance v. Sheffield" on Justia Law

In 1996, James Harper was to appear before Judge John H. Sheffield at the Lee County Justice Court on charges of driving under the influence and having an expired inspection sticker. But Harper failed to appear, and Judge Sheffield issued a warrant for his arrest. The trial went forward, and Judge Sheffield convicted Harper on both charges. Judge Sheffield then imposed a six-month suspended sentence and a $600 fine for the DUI and a $50 fine for the inspection sticker. That same day, Harper entered into a payment plan with the Lee County Justice Court for his $600 fine. Two days later, he paid $50, which was credited to the DUI case number. Harper appealed his DUI conviction. The conviction was upheld; and he satisfied the terms of his sentence. In 2013, Harper again was arrested for DUI in Lee County. At that point he was told he could not post bond until he resolved a matter with Judge Sheffield. The next day, Harper appeared before Judge Sheffield, who accused Harper of failing to pay the fines imposed for the 1996 justice-court convictions. Despite Harper’s protestation that he had appealed to county court, lost, and paid his fines, and despite the fact that Judge Sheffield had with him the justice-court case files for Harper’s earlier convictions, both of which contained Harper’s notice of appeal and the county-court notification, Judge Sheffield sentenced Harper to serve six months at the Lee County Work Center for the DUI conviction. Harper served four months in the work center before being released due to an infection requiring hospitalization. The Mississippi Supreme Court determined Judge Sheffield’s conduct was not due to an innocent mistake, it amounted to judicial misconduct. So the Court imposed a public reprimand, a 120-day suspension without pay, and a $3,000 fine, and assessed all costs of the proceedings to Judge Sheffield. View "Mississippi Comm'n on Judicial Performance v. Sheffield" on Justia Law

Adofo Minka was held in direct criminal contempt by the Hinds County Circuit Court for unprofessional and contumacious behavior during the trial of his client which resulted in a mistrial. Minka was fined $100 and ordered to pay the costs of the jury in the amount of $1,350. Minka appealed, arguing: (1) he did not improperly comment during opening statements on a potential sentence his client might receive, which triggered a sua sponte objection from the trial court and was a key basis for the State’s request(s) for a mistrial; (2) his comments did not warrant criminal sanction because counsel have broad latitude during opening statements and closing arguments; (3) the record did not support a finding beyond a reasonable doubt that any of Minka’s comments or conduct constituted criminal contempt; and (4) even if the Mississippi Supreme Court affirmed the trial court’s contempt and sanction order, the monetary fine was $650 more than it should have been; therefore, the sanction amount must be reversed, lowered, and rendered. The Supreme Court found no merit in any of the points of contention argued by Minka on appeal. View "Minka v. Mississippi" on Justia Law

In this auditing malpractice case, Thomas L. Wallace and T.L. Wallace Construction, Inc. appealed the Circuit Court's grant of summary judgment to McArthur, Thames, Slay, and Dews, PLLC (“McArthur Thames”) for lack of causation. Wallace filed suit against McArthur Thames, alleging that the accounting firm had negligently audited the financial statements of Wallace Construction and ultimately had caused the destruction of the company by failing to discover hundreds of personal credit card purchases by certain company employees, failing to discover transactions involving hundred of thousands of dollars spent by Wallace Construction to pay for personal home improvements of nonshareholder employees, and by failing to discover inappropriate accounting practices that resulted in an overstatement of income. Wallace sought to recover damages of approximately $14,000,000 allegedly suffered by him as a result of accounting work done by McArthur Thames. The trial court excluded the testimony of Wallace Construction’s sole expert on causation, finding that his opinion was unreliable and insufficient to establish proximate cause. Because the trial court mistakenly believed that expert testimony establishing causation was required in all malpractice cases, and because Wallace Construction presented sufficient lay testimony to overcome summary judgment on the issue of causation, the Mississippi Supreme Court affirmed in part, reversed in part, and remanded the case the trial court for further proceedings. In addition, the Supreme Court found the trial court abused its discretion in disallowing reasonable access to the financial information of Wallace Construction subsequent to June 30, 2012, and in its denial of discovery of the Wallaces’ personal accounts. View "T.L. Wallace Construction, Inc. v. McArthur, Thames, Slay, and Dews, PLLC" on Justia Law

Rita McIntosh appealed a circuit court’s judgment affirming the Mississippi Real Estate Commission’s disciplinary order against her, finding that McIntosh had engaged in “improper dealing.” According to the order, McIntosh, as exclusive agent of the seller, interjected herself into the lender’s appraiser selection process and then tried to keep the selected appraiser from completing the appraisal assignment. The Commission imposed a ninety-day suspension, plus a thirty-day suspension held in abeyance, along with eight months’ probation and continuing education courses. Because the Mississippi Supreme Court found McIntosh’s alleged conduct did not constitute improper dealing as contemplated by the Mississippi Real Estate Brokers License Act, it reversed rendered judgment in favor of McIntosh. View "McIntosh v. Mississippi Real Estate Comm'n" on Justia Law

Dr. Andy Barlow was disciplined by the Mississippi State Board of Chiropractic Examiners for advertising in violation of the statutes governing chiropractors. The complaint alleged that Dr. Barlow advertised using professional designations other than “chiropractor,” “doctor of chiropractic,” “D.C.,” or “chiropractic physician”; Dr. Barlow advertised as D.C., and also as DACNB, FACFN, and as a “Chiropractic Neurologist.” The Board levied a monetary penalty plus the costs of his prosecution. The circuit court affirmed the Board, and Dr. Barlow appealed to the Mississippi Supreme Court, alleging that the statute governing chiropractic advertising had been implicitly amended or repealed, that the statute governing chiropractic advertising violated his First Amendment rights, and that the Board was without authority to assess the costs of the investigation to him. Furthermore, he argued the circuit court erred by failing to afford him a “de novo appeal.” Because Dr. Barlow’s arguments on whether he should be disciplined lack merit, the Court affirmed the judgments of the Board and circuit court on those issues. However, because the Board lacked authority to directly assess Dr. Barlow the costs of its investigation, the Court reversed on the issue of costs. View "Barlow v. Miss.State Bd. of Chiropractic Examiners" on Justia Law

The Mississippi Commission on Judicial Performance charged Montgomery County Justice Court Judge Keith Roberts with misconduct for failing to follow the law in a case before him. Because the Supreme Court found that Judge Roberts committed judicial misconduct, and agreed that the recommended sanctions were appropriate, the Court ordered that Judge Roberts be publicly reprimanded, fined $3,000, and taxed with the costs of these proceedings. View "Miss. Com'm on Judicial Performance v. Roberts" on Justia Law

The Mississippi Commission on Judicial Performance filed a Formal Complaint charging Charles Vess, Justice Court Judge, South District, Adams County, with willful misconduct in office and conduct prejudicial to the administration ofjustice which brings the judicial office into disrepute in violation of Section 177A of the Mississippi Constitution. The Commission and Judge entered into a Stipulation of Agreed Facts and Proposed Recommendation, which was accepted unanimously by the Commission, providing that Judge had violated Canons 1, 2(A), 3(B)(2), 3(B)(4), and 3(B)(5) of the Code of Judicial Conduct and Section 177A of the Mississippi Constitution, and recommending that he be publicly reprimanded, suspended from office without pay for a period of thirty days, fined $1,100, and assessed costs of $200. After conducting a mandated review of the Commission’s recommendation consistent with Section 177A of Article 6 of the Mississippi Constitution, Rule 10 of the Rules of the Commission on Judicial Performance, Rule 10 of the Mississippi Rules of Appellate Procedure, and Mississippi caselaw, the Mississippi Supreme Court adopted the recommendation of the Commission and ordered that Judge be publicly reprimanded, suspended from office without pay for a period of thirty days, fined in the amount of $1,100, and assessed the costs of this proceeding in the amount of $200. View "Miss. Com'm on Judicial Performance v. Vess" on Justia Law

The Mississippi Commission on Judicial Performance recommended to the Mississippi Supreme Court that former Madison County Justice Court Judge William “Bill” Weisenberger Sr. be removed from office after finding by clear and convincing evidence that Weisenberger physically and verbally assaulted a mentally disabled individual at the 2014 Canton Flea Market. Because of the egregious nature of Weisenberger’s actions, the Supreme Court agreed with the Commission’s recommendation and removed Weisenberger from office. Weisenberger was directed to pay a fine in the amount of $1,000 and costs of these proceedings in the amount of $5,918.46. View "Mississippi Comm'n on Judicial Perf. v. Weisenberger" on Justia Law