Legal Opinion · Dissent

Mississippi Commission on Judicial Performance v. DeLaughter

Mississippi Supreme Court

Decided March 4, 2010No. 2008-JP-00460-SCTPublished

1DissentWaller, Chief Justice

¶ 16. I concur in the majority’s conclusion that the Commission on Judicial Performance is absolutely without constitutional authority to dispose of a judicial-performance complaint by agreement between the respondent and the Commission. See Maj. Op. at ¶ 4 (citing Miss. Comm’n on Judicial Performance v. Martin, 995 So.2d 727 (Miss.2008)) (holding that “[t]he constitution ... does [not] authorize the Commission to enter into a settlement agreement or memorandum of understanding which bypasses its constitutional mandate to make recommendations for punishment to this Court”). However, I must…

2Cases cited7 opinions

  1. In Re CollinsMississippi Supreme Court · 1988
  2. Cities of Oxford v. NE MISS ELEC. POWER ASS'NMississippi Supreme Court · 1997
  3. MS. COM'N ON JUD. PERFORMANCE v. ThompsonMississippi Supreme Court · 2008
  4. In Re BrownMississippi Supreme Court · 1984
  5. Ex parte LehmanMississippi Supreme Court · 1883

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