By William Moore
Daily Journal
JACKSON – By granting Rickey Thompson additional time to respond, the Supreme Court gave the Lee County Justice Court Judge an unfair advantage, according to the Mississippi Commission on Judicial Performance.
“Thompson had twelve days to study the arguments raised in the Commission’s Brief and attempt to draft responses to those arguments,” wrote commission executive director Darlene Ballard. “This situation is simply not fair.”
The commission filed a complaint late Thursday asking that Thompson’s brief to be reconsidered, stricken or the commission given a chance to reply.
On Sept. 17, the commission filed its recommendation that Thompson, who represents Lee County’s District 4, be removed from the bench and pay more than $11,000 in fines and costs. Court rules called for both sides to file briefs at the same time on Oct. 17. The commission filed its brief on time. Thompson sought, and was given more time, and filed his brief Oct. 29.
Ballard argues that this action could set a dangerous precedent that could apply to all future cases. The rules call for simultaneous briefs and adds that “no reply briefs shall be filed.”
“Why wouldn’t every respondent judge use the tactics employed by counsel for Thompson to gain access to the Commission’s brief days or weeks before filing the respondent judge’s brief?” Ballard asked.
The motion asks that Thompson’s brief be stricken in its entirety or at least the portions that attempt to reply or rebut the commission’s arguments. If not, the commission asks for a chance to reply itself and further asks that it be given the same 12 days to research and reply to Thompson’s arguments.
The formal complaint against Thompson was filed with the commission in November 2013. After holding hearings in March, the commission eventually determined that Thompson engaged in judicial misconduct in several areas. The Mississippi Supreme Court has until July 2015 to make a final ruling to accept the commission’s recommendation or impose different sanctions.