Mississippi Commission on Judicial Performance v. Talmadge D. Littlejohn
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IN THE SUPREME COURT OF MISSISSIPPI
NO. 2010-JP-01954-SCT
THE MISSISSIPPI COMMISSION ON
JUDICIAL PERFORMANCE
v.
TALMADGE LITTLEJOHN
DATE OF JUDGMENT:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
DISPOSITION:
11/12/2010
MISSISSIPPI COMMISSION ON JUDICIAL
PERFORMANCE
BY: JOHN B. TONEY
AYANNA B. BUTLER
JACK F. DUNBAR
CIVIL - JUDICIAL PERFORMANCE
PUBLIC REPRIMAND AND ASSESSMENT
OF COSTS OF $100 - 06/09/2011
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
EN BANC.
WALLER, CHIEF JUSTICE, FOR THE COURT:
¶1.
The Mississippi Commission on Judicial Performance moves this Court to publicly
reprimand Talmadge D. Littlejohn, chancery court judge for the First Chancery District of
Mississippi, for misusing the powers of contempt and to assess him the costs of this
proceeding in the amount of $100. Judge Littlejohn has admitted all charges of misconduct
and joins the Commission’s recommendations. After conducting an independent inquiry of
the record and giving careful consideration to the findings of fact and recommendations of
the Commission, we adopt the agreed-upon sanctions.
FACTS AND PROCEDURAL HISTORY
¶2.
On October 11, 2010, the Commission filed a formal complaint charging Judge
Littlejohn with judicial misconduct in violation of Article 6, Section 177A of the Mississippi
Constitution of 1890, as amended. On November 12, 2010, Judge Littlejohn and the
Commission joined in an Agreed Statement of Facts and Proposed Recommendation.
According to the agreed statement, on or about October 6, 2010, Judge Littlejohn, acting in
his official capacity as chancery judge, ordered that attorney Danny Lampley be incarcerated
for criminal contempt after Lampley refused to recite the “Pledge of Allegiance to the
American Flag” in open court. Rather than verbally recite the pledge, Lampley chose to
stand quietly. The record contains no proof that Lampley said or did anything to disrupt
court proceedings, subvert justice, or embarrass the court. Judge Littlejohn admits that his
actions violated Lampley’s First Amendment rights as recognized by the Supreme Court of
the United States in West Virginia State Board of Education v. Barnette, 319 U.S. 624, 63
S. Ct. 1178, 87 L. Ed. 1628 (1943).
The Commission and Judge Littlejohn jointly
recommend that Judge Littlejohn be publicly reprimanded and assessed costs of this
proceeding in the amount of $100.
STANDARD OF REVIEW
¶3.
In reviewing judicial misconduct cases, this Court conducts an “‘independent inquiry
of the record,’” and in doing so, “‘accord[s] careful consideration [of] the findings of fact and
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recommendations of the Commission, or its committee, which has had an opportunity to
observe the demeanor of the witnesses.’” Miss. Comm’n on Judicial Performance v.
Boone, __ So. 3d __, 2011 WL 1586469 **3-4 (Miss. April 28, 2011) (citing In re Removal
of Lloyd W. Anderson, Justice Court Judge, 412 So. 2d 743, 746 (Miss. 1982)).
DISCUSSION
I.
¶4.
Judge Littlejohn violated Canons 1, 2A, 3B(2), 3B(4), and 3B(8) of
the Mississippi Code of Judicial Conduct, thus causing this matter
to be actionable under Article 6, Section 177A of the Mississippi
Constitution of 1890, as amended.
The Commission and Judge Littlejohn acknowledge that he violated Canons 1, 2A,
3B(2), 3B(4), and 3B(8) of the Mississippi Code of Judicial Conduct.
A. Canons 1, 3B(2), and 3B(4)
¶5.
Canon 1 states:
An independent and honorable judiciary is indispensable to justice in our
society. A judge should participate in establishing, maintaining, and enforcing
high standards of conduct, and shall personally observe those standards so that
the integrity and independence of the judiciary will be preserved. The
provisions of this Code should be construed and applied to further that
objective.
¶6.
Canon 3B(2) states, “[a] judge shall be faithful to the law and maintain professional
competence in it. A judge shall not be swayed by partisan interests, public clamor, or fear of
criticism.” And, finally, Canon 3B(8) provides that “[a] judge shall dispose of all judicial
matters promptly, efficiently and fairly.”
¶7.
The Commission found that Judge Littlejohn had violated Canons 1, 3B(2), and 3B(8)
when he held Lampley in criminal contempt for failing to recite the pledge of allegiance in
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open court. These actions, according to the Commission, infringed upon Lampley’s right to
free speech under the First Amendment to the United States Constitution. Barnette, 319 U.S.
at 642. Judge Littlejohn thus compromised the integrity and independence of the judiciary
and violated his adjudicative responsibilities to be faithful to the law and to dispose of all
judicial matters fairly.
B. Canons 2A and 3B(4)
¶8.
Canon 2A provides that “[a] judge shall respect and comply with the law and shall act
at all times in a manner that promotes public confidence in the integrity and impartiality of
the judiciary.” Canon 3B(4) states that “[j]udges shall be patient, dignified, and courteous
to litigants, jurors, witnesses, lawyers, and others with whom they deal in their official
capacities, and shall require similar conduct of lawyers, and of their staffs, court officials,
and others subject to their direction and control.”
¶9.
The Commission found that Judge Littlejohn had violated Canons 2A and 3B(4) by
incarcerating Lampley for expressing his First Amendment rights. The Commission stated
that Judge Littlejohn was “discourteous and intolerant” toward Lampley, and that his actions
created an impression that individuals with certain viewpoints are specially positioned to
influence him.
¶10.
We agree that Judge Littlejohn violated Canons 1, 2A, 3B(2), 3B(4), and 3B(8) of the
Mississippi Code of Judicial Conduct.
Article 6, Section 177A of the Mississippi
Constitution of 1890, as amended, authorizes this Court to “remove from office, suspend,
fine or publicly censure or reprimand any justice or judge of this state for: . . . (e) conduct
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prejudicial to the administration of justice which brings the judicial office into disrepute . .
. .” Miss. Const. art. 6, § 177A. The Commission and Judge Littlejohn acknowledge, and
we agree, that his actions were prejudicial to the administration of justice and that they
brought the judicial office into disrepute.
II.
¶11.
Judge Littlejohn’s actions warrant a public reprimand and
assessment of costs in the amount of $100.
To determine the appropriate sanction in judicial misconduct cases, this Court
considers several criteria, known as the Gibson factors:
(1) the length and character of the judge’s public service; (2) whether there is
any prior case law on point; (3) the magnitude of the offense and the harm
suffered; (4) whether the misconduct is an isolated incident or evidences a
pattern of conduct; (5) whether moral turpitude was involved: and (6) the
presence or absence of mitigating or aggravating circumstances.
Miss. Comm’n on Judicial Performance v. Gibson, 883 So. 2d 1155, 1158 (Miss. 2004),
overruled in part on other grounds by Boone, 2011 WL 1586469 at *1.
A. The length and character of the judge’s public service
¶12.
Judge Littlejohn has been a member of the Mississippi Bar for fifty years, a municipal
judge for sixteen years, and a chancery judge for eight years. He also has served as a district
attorney and a member of the Mississippi House of Representatives and Senate.
B. Prior caselaw
¶13.
This Court repeatedly has sanctioned judges for misusing contempt powers.1 In
1
See, e.g., Miss. Comm’n on Judicial Performance v Willard, 788 So. 2d 736, 74246 (Miss. 2001) (judge removed from office for several violations, including misuse of
contempt powers); Miss. Comm’n on Judicial Performance v. Gunter, 797 So. 2d 988, 9895
Mississippi Commission on Judicial Performance v. Walker, 565 So. 2d 1119, 1125-26
(Miss. 1990), we publicly reprimanded a judge who held in contempt and incarcerated an
attorney for making statements which the judge found offensive, but which were not directed
at the authority of the court. Likewise, in Mississippi Commission on Judicial Performance
v. Sanders, 749 So. 2d 1062, 1067-1069, 1073 (Miss. 1999), this Court publicly reprimanded
and assessed costs to a judge for failing to use the appropriate procedure before incarcerating
a clerk of court for contempt.
C. The magnitude of the offense and the harm suffered
¶14.
“Immeasurable harm occurs when a judge who is trusted as the gatekeeper to justice
for all our citizens, fails to learn and apply fundamental tenets of the law.” Miss. Comm’n
on Judicial Performance v. Britton, 936 So. 2d 898, 906 (Miss. 2005).
The First
Amendment to the United States Constitution guarantees Lampley the right to remain silent
during the pledge. See Barnette, 319 U.S. at 642. Judge Littlejohn violated both Lampley’s
right of free speech and the law of contempt when he incarcerated Lampley. This abuse of
the judicial office harmed Lampley by forcing him to endure five hours of unjustified
incarceration.
¶15.
Judge Littlejohn’s actions also injured the integrity and independence of the judiciary.
92 (Miss. 2001) (judge fined, publicly reprimanded, and assessed costs for misusing
contempt powers and treating a minor defendant intemperately); Miss. Comm’n on Judicial
Performance v. Byers, 757 So. 2d 961, 963, 970-73 (Miss. 2000) (judge fined, publicly
reprimanded, and assessed costs for multiple offenses, the most serious of which was abuse
of contempt powers).
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His intolerance toward Lampley created the impression that individuals with certain
viewpoints are in a special position to influence Judge Littlejohn. Furthermore, the incident
was broadcast by numerous local, state, and national media, which further damaged public
perception of the judiciary.
D. An isolated incident or a pattern of conduct
¶16.
Littlejohn’s actions were an isolated incident and do not evidence a pattern of conduct.
E. Moral turpitude
¶17.
Moral turpitude includes, but is not limited to, actions which involve interference with
the administration of justice, misrepresentation, fraud, deceit, bribery, extortion, or other such
conduct that brings the judiciary into disrepute. Miss. Comm’n on Judicial Performance v.
Bradford, 18 So. 3d 251, 256 (Miss. 2009) (citing Gibson, 883 So. 2d at 1157). However,
actions that interfere with the administration of justice or which bring the judiciary into
disrepute do not automatically involve moral turpitude.
Miss. Comm’n on Judicial
Performance v. Roberts, 952 So. 2d 934, 942 (Miss. 2007). This Court has clarified that
moral turpitude exists when judges abuse the legal system in a manner that violates
fundamental standards of decency and honesty. Miss. Comm’n on Judicial Performance
v. Sanford, 941 So. 2d 209, 217 (Miss. 2006).
¶18.
The Commission and Judge Littlejohn acknowledge that his conduct did not involve
moral turpitude. We adopt these findings because Judge Littlejohn did not misuse the legal
system in a way that violates fundamental decency and honesty, nor did his conduct involve
fraud, misrepresentation, extortion, or other similar conduct.
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F. The presence or absence of mitigating or aggravating factors
¶19.
Several mitigating factors exist.
First, Judge Littlejohn willingly admitted his
misconduct and cooperated fully with the Commission in its investigation. Second, Judge
Littlejohn entered into an agreed statement with the Commission without the requirement of
a hearing, which brought a prompt resolution of the matter. Third, Judge Littlejohn has
changed the way he conducts the recitation of the pledge in court. From this point forward,
he promises to respect and protect the First Amendment rights of anyone who refrains from
reciting the pledge in his courtroom.
CONCLUSION
¶20.
Judge Littlejohn violated Canons 1, 2A, 3B(2), 3B(4), and 3B(8) of the Mississippi
Code of Judicial Conduct, and his actions constituted conduct prejudicial to the
administration of justice which brought the judicial office into disrepute under Article 6,
Section 177A of the Mississippi Constitution of 1890, as amended. After conducting an
independent review of the record and according careful consideration to the findings of fact
and recommendations of the Commission, this Court agrees that Judge Littlejohn should be
publicly reprimanded and assessed costs of this proceeding in the amount of $100.
¶21. CHANCERY COURT JUDGE TALMADGE D. LITTLEJOHN SHALL BE
PUBLICLY REPRIMANDED IN OPEN COURT BY THE PRESIDING JUDGE OF
THE CIRCUIT COURT OF UNION COUNTY ON THE FIRST DAY OF THE NEXT
TERM OF THAT COURT IN WHICH A JURY VENIRE IS PRESENT, WITH
JUDGE LITTLEJOHN PRESENT, FOLLOWING THE ISSUANCE OF THE
MANDATE OF THIS COURT. JUDGE LITTLEJOHN IS ASSESSED COSTS OF
$100.
CARLSON AND DICKINSON, P.JJ., RANDOLPH, LAMAR, KITCHENS,
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CHANDLER, PIERCE AND KING, JJ., CONCUR.
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