The Mississippi Commission on Judicial Performance is charged with investigating allegations of misconduct by judges. By law, it recommends discipline to the Supreme Court, which has final say in judicial disciplinary matters.
Darby, the Tate County family master and youth court judge in Senatobia, Mississippi, came under fire in July 2011 after she ordered three 15-year-olds to be given a drug test and transported to the Alcorn County Youth Detention Center in Corinth. The teens were strip-searched as provided by the jail policy when they arrived at the jail and spent three days there.
The three were arrested after police got a complaint they were walking through a woman's yard. All three were eventually found not guilty of trespassing.
Darby was suspended for 60 days and resigned in November 2011. The judicial watchdog agency brought its complaint against Darby in May 2013 and filed its discipline recommendation in September of that year.
The Judicial Performance Commission found Darby's actions violated canons of judicial conduct. Darby did not challenge the findings, according to court records, and agreed to the discipline recommendation of removal from office and ban on holding a future judicial office.
The commission said the teenagers had no previous arrests and were not under the jurisdiction of the Tate County Youth Court. The commission said Darby had no authority to order the drug tests or to order the teenagers sent to Alcorn County.
The commission said the teenagers did not have a lawyer and Darby did not hold a detention hearing before ordering them arrested.
The Supreme Court earlier this month questioned whether it had authority to stop Darby from holding a judicial office in the future.
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Miss. Supreme Court asked to discipline judge
4 comments:
I hope they give her the strictest discipline.
These judges incorrectly believe that their actions are shielded by judicial immunity.
You know what's the biggest exception to judicial immunity?
When the judge acts without jurisdiction or legal authority.
So many of these judges who overreach in guardianship and other cases are subjecting themselves to the very real possibility of a lawsuit.
I agree. And she should not be permitted back to the bench.
I am waiting for the announcement that this incompetent dangerous judge Leigh Ann Darby is barred from all courtrooms for life. And that includes being a defense lawyer she is not to be trusted.
I hope eyes are on all of her cases, praying this is not a pattern presented here.
What a disgrace to the judges who take their jobs seriously.
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