A public reprimand, fine and a suspension have been recommended for Richard Bradford III, one of three Warren County Justice Court judges.

To read the complete Mississippi Commission on Judicial Performance findings click here

The Mississippi Commission on Judicial Performance announced the results of its confidential investigation Tuesday and made the recommendation to the state Supreme Court, which will decide whether to impose the penalties.

Bradford, also a funeral director, was re-elected to his Central District post in November 2007.

His attorney, Mark W. Prewitt, declined comment, saying a public response would be a breach of legal ethics.

There are 82 justice courts in Mississippi with 197 judges who are elected in partisan races to serve four-year terms. The courts have jurisdiction over small claims civil cases involving amounts of $2,500 or less, misdemeanor criminal cases and any traffic offense that occurs outside a municipality. Justice court judges also conduct bond hearings and preliminary hearings in felony criminal cases and may issue search warrants.

The closed inquiry followed complaints about Bradford, specifically that Bradford listened to one party in a dispute without the knowledge or participation of another (called ex parte communication), that he attempted to interfere in cases assigned to other local judges and that he dismissed criminal charges without proper notification to the prosecuting attorney.

Brant Brantley, executive director of the commission, said the recommendations are a public reprimand (which would likely be read in an open courtroom by another judge), and that Bradford be suspended from office for 30 days without pay and assessed costs in the amount of $100.

“This recommendation has been filed with the Mississippi Supreme Court and it will go before them for disciplinary action some time in 2009,” said Brantley. “If they choose to rule in agreement without recommendation the suspension will take effect at that time.”

The findings were based in part on a 2007 complaint filed by former Warren County Sheriff’s Officer Byron Sherwin. “I am just glad something was resolved,” Sherwin said Tuesday. “I’d rather see something than nothing.”

According to the agreed statement of facts and proposed recommendation filed with the Supreme Court, the cases include:

* 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 dismissing the charge without allowing the prosecutor to be present or present witnesses.

The recommendation of the Judicial Performance Commission is signed by Judge Patricia D. Wise, chairman of the review panel, which has wide-ranging powers, including the power to suggest removal from office. Under state law, the Supreme Court has the power to accept, reject or modify the commission’s request.

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Contact Megan Holland at mholland@vicksburgpost.com.