MISSISSIPPI COMMISSION ON2JUDIC'IAL PERFORMANCE

JACKSON, MISSISSIPPI 39225-25Z7

TELEPHONE: (601) 359-1273
FAX; (GO 1) 359-6277
May 27,2010

NEWS RELEASE

THe Mississippi Commission on Judicial Performance, a state agency malted by

the Mississippi Constitution to investigate judicial misconduct, has recommended to the
Mississippi Supreme Court that Larry Buffmgton, Chancery Court Judge, 13' Chancery
Court District, State of Mississippi be publicly reprimanded and assessed costs, John B.
Tone)', Executive Director of me Commission, announced today,

Tne Commission found that Judge Buffmgton, in his official capaciry as Chancery
Court Judge, without proper authority, issued subpoenas commanding two (2) Sunpson
Cotrnty Supervisors* appear before him at a designated time and place to answer ,uesnons
about who "leaked" the information to the media about his appointment of Ohver Diaz as
SimpsonCounty Youth Courtpublic defender. During the meeting^ the supervisors on
February 11, 2009, Judge Buffingtor, admitted tha, he had failed to comply with me law
when issuing the subpoenas, but did not care.

The Commission's recommendations are filed with me Supreme Court which will
consider the Commission recommendations and determine the appropriate final dec.s.oa

A copy of the Commission findings and recommendation is enclosed herein for your

information.

If you have any questions, please contact John Toney, (601) 359-1273.

45 JN. LAMAS. STREET

BAREFIELD COMPLEX BUILDING
SUITE 201
JACKSON. MS 39201
 BEFORE THE MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE

INQUIRY CONCERNING A JUDGE

NO. 2009-042/043

COMMISSION FINDINGS OF FACT AND RECOMMENDATION

INITIATION OF PROCEEDINGS
1. On September 1,2009. the Mississippi Commission on Judicial Performance

(Commission) filed a Formal Complaint charging the Respondent, Larry Buffington,

Chancellor, 13th Chancery Court District, State of Mississippi, with judicial misconduct

constituting a violation of Section 177A, Mississippi Constitution of 1890, as amended.

2. On October 1,2009, Respondent filed his answer to the Formal Complaint.

3. Thereafter, on May 4S 2010 an Agreed Statement of Facts and Proposed

Recommendation was submitted and filed by counsel for the Commission and the

Respondent regarding Inquiry Concerning a Judge 2009-042/043 only. The Agreed Statement

of Facts and Proposed Recommendation was signed by Darlene D. Ballard, Senior Staff

Attorney of the Commission, by J. Ashley Ogden, attorney for Respondent, and by the

Respondent. It was accepted by the foil Commission on May 14,2010 at its regular monthly

meeting, PILED
MAY 2 7 2010

FINDINGS OF FACT PEAls

4. Based upon the pleadings and the Agreed Statement of Facts and Proposed

Recommendation and after considering Respondent's history with the Commission and other
factors delineated in Mississippi Comm'n on Judicial Performance v. Gibson. 883 So.2d 1155,

1158 (Miss, 2004), the Commission finds the following by clear and convincing evidence,

to wit:

5. On or about January 63 2009, Respondent issued an order appointing Oliver

Diaz as Youth Court Public Defender in Simpson County, Mississippi at a salary of $400,00

per month, plus retirement. When word of the Diaz hiring reached the media outlets it

became apparent that citizens of Simpson County were upset about the appointment.

6. On or about February 2,2009, Respondent, via the Chancery Clerk of Simpson

County, asked the supervisors to appear before him on February 11,2009 to determine who

was upset about the Diaz hiring and who "leaked" the information to the media. When it

became apparent to Respondent that two (2) members of the Simpson County Board of

Supervisors, namely: William A, "Pete" Lowery and Randy Moore, would not appear as

requested, the Respondent, hi his official capacity as Chancellor, had subpoenas issued and

served upon the two supervisors commanding them to appear before the Chancery Court of

Simpson County, Mississippi in Menderihall, Mississippi at 8:3 0 a.m. on F ebruary 11,2009.

7. The issued subpoenas did not state a title or cause number of any action pending

before the court, nor did it express an identifiable reason for the supervisors being compelled

to appear before Respondent.

8. As a result of the issuance and service of the subpoenas described above, the two

supervisors hired an attorney to represent them. OnFebruary 10,20095 the attorney, Robert
Andrew Taggart, filed a Motion to Quash Subpoenas on behalf of the two supervisors and

the subpoenas were quashed by order of Respondent on February 11,2009.

9. During the meeting with the Simpson County Board of Supervisors onFebruary

11,2009, Respondent admitted that he had failed to comply with the law, specifically Rule

45 of the Mississippi Rules of Civil Procedure, when issuing the subpoenas, and stated that

he did not care that he had failed to comply with the law. At the same meeting Pete Lowery

stated that, prior to the issuance of the subpoenas, he had told the Chancery Clerk a

subpoena would be required for his attendance.

10. By engaging in the above stated conduct, the Respondent violated Canons 15

2A, 3B(2), and 3C(1) of the Code of Judicial Conduct of Mississippi,

11. By engaging in the above stated conduct the Respondent has also violated

§177A of the Mississippi Constitution of 1890, as amended, as said conduct constitutes

willful misconduct in office and conduct prejudicial to the administration of justice which

brings the judicial office into disrepute.

RECOMMENDATION
12. Section 177A of the Mississippi Constitution provides that upon

recommendation of the Commission, a judge may be removed, suspended, fined, publicly

censured or reprimanded by the Supreme Court. To so sanction a judge, the Court must find

one or more enumerated grounds for sanction., including willful misconduct in office and

conduct prejudicial to the administration of justice which brings the judicial office into
disrepute. The Commission finds by clear and convincing evidence that the Respondent's

conduct herein constitutes each of the above enumerated grounds and recommends to the

Mississippi Supreme Court that the Respondent be publicly reprimanded pursuant to Section

177A of the Mississippi Constitution of 1890, as amended, and be assessed costs of this

proceeding, in the amount of $100,00.

Dated this the . day of. M*/ 2010.

MISSISSIPPI COMMISSION ON
JUDICIAL PERFORMANCE