A.Grounds for Discipline and Retirement. The grounds for discipline and retirement, as prescribed by the Constitution, are: (1) Actual conviction of a felony in a court other than a court of the State of Mississippi; (2) Willful misconduct in office;(3) Willful and persistent failure to perform his duties;(4) Habitual intemperance in the use of alcohol or other drugs;(5) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute;(6) Physical or mental disability seriously interfering with the performance of his duties, which disability is or is likely to become of a permanent character;(7) Any willful violation of law constituting a serious misdemeanor or felony;(8) Any violation of the code of judicial conduct; and(9) Any violation of the rules of professional conduct as adopted by the Supreme Court.B.Disposition. The Commission shall dispose of the case in one (1) of the following ways: (1) If it finds that there has been no misconduct, the case shall be dismissed.(2) If it fails to find grounds for discipline under Section 177A of the Mississippi Constitution, but nevertheless finds that there has been conduct for which a private admonishment constitutes an adequate response, it shall issue the admonishment. The complainant shall be notified that the matter has been resolved. The Commission shall notify the Chief Justice of the Supreme Court of its action.(3) The Commission may enter into a memorandum of understanding with the judge concerning his future conduct or submission to professional treatment or counseling. (4) If it is determined that probable cause exists to require a formal hearing, it shall so notify the judge by service of a notice and a formal complaint.C.Formal Complaint. The formal complaint shall be entitled "BEFORE THE MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE, INQUIRY CONCERNING A JUDGE, NO. _____." The formal complaint shall identify any complainant and shall specify in ordinary and concise language the charges against the judge. The notice shall advise the judge of his right to file a written, sworn answer to the charges against him within thirty (30) days after service of the notice upon him. The notice and formal complaint shall be served upon the judge by personal service by a member of the Commission, the executive director, or by any adult person designated by the Commission, or by certified or registered mail addressed to the judge at his last known residence of record. D.Answer. Within thirty (30) days after service of the notice and the formal complaint, the judge may file with the Commission a sworn answer or motions. The formal complaint and answer shall constitute the pleadings. Thereafter, no further motions or pleadings may be filed unless the Commission shall first grant leave.R. Miss. Comm'n. Jud. Perform. 6
Amended effective 6/29/1995; amended 4/4/2002; 3/19/2015.