Former justice court judge reprimanded|Bradford resigned after 2007 complaint over 10 violations

Published 12:00 am Tuesday, January 26, 2010

Former Justice Court Judge Richard Bradford III received a public reprimand Monday morning, read by Circuit Judge M. James Chaney, for 10 violations resulting from a Mississippi Commission on Judicial Performance investigation that followed a 2007 complaint.

Bradford, who resigned his position in October due to health concerns, sat in silence and was unexpressive as Chaney read the reprimand, which lasted about 20 minutes and preceded a grand jury selection hearing. He was never given an opportunity to speak, and his attorney, Mark W. Prewitt, declined comment.

“He engaged in willful misconduct in office … which brings the judicial office into disrepute,” Chaney read.

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The state commission also recommended a $100 fine to cover court costs and a 30-day suspension from the bench, which the Mississippi Supreme Court also upheld but became moot with the resignation. Bradford left the bench Oct. 1 in his third term, having first been elected in 1999.

Among other findings the commission’s closed inquiry found Bradford listened to one party in a dispute without the knowledge or participation of another, attempted to interfere in cases assigned to other local judges and dismissed criminal charges without proper notification to the prosecuting attorney. The findings were based in part on a 2007 complaint filed by former Warren County Sheriff’s Officer Byron Sherwin.

The commission recommended the public reprimand, fine and suspension in November 2008, and it was mandated by the Mississippi Supreme Court in October a year later. Specifically, complaints against Bradford were:

• A landlord-tenant suit in which Bradford heard testimony and took the case under advisement, but later heard from the landlord alone before ruling in the landlord’s favor.

• Two civil cases in which the parties failed to appear and did not seek a continuance, but in one the case was continued and in the other the case was dismissed with permission to re-file.

• A traffic citation assigned to a different judge, Joe Crevitt, who was phoned by Bradford and asked to dismiss the case. (Crevitt did not and fines were paid.)

• Two cases in which individuals filed criminal charges against others — one for cursing and the other for failure to abide by a protective order — and Bradford dismissed the charges without a proper motion or notice to the prosecutor.

• A DUI second offense case in which Bradford dismissed the charge without allowing the arresting officer to testify.

• A DUI charge against a minor that Bradford said would be transferred to Warren County Youth Court, but instead Bradford ordered the case nonadjudicated.

• Bradford added parties to an initial restraining order and later ordered contempt warrants against two of them even though the initial complainant had not requested they be added and they had no notice of a hearing.

• Bradford heard from a defendant accused of violating a protective order and dismissed the charge without allowing the prosecutor to be present or presenting witnesses.

In Mississippi, justice court judges hear small claims civil cases involving debts up to $2,500, misdemeanor criminal cases and any traffic offenses that occur outside municipalities. Justice court judges also conduct bond hearings and preliminary hearings in felony criminal cases and may issue search warrants. Warren County has three judges who are elected from districts, but hear cases arising from any part of the county. There are 82 justice courts in Mississippi with 197 judges who are elected in partisan races to serve four-year terms.

Supervisors voted unanimously in October to fill Bradford’s seat on the bench with James E. Jefferson Jr., operator of Jefferson Funeral Association since 1996. Jefferson has said he will run for the judgeship in 2010, when the post will appear on the ballot for congressional midterm elections for the U.S. House and Senate.

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Contact Steve Sanoski at ssanoski@vicksburgpost.com