Hinds County Circuit Judge Jeff Weill said attorney Antar Lumumba did not tell the truth when he claimed in a motion to recuse that Judge Weill once filed a bar complaint against his father, the deceased Chokwe Lumumba, Sr. Lumumba sued attorney Toney Baldwin in Hinds County Circuit Court for
allegedly interfering with his representation of several clients in
Stonewall (Clarke County). Judge Weill denied his motion. The court also hammered the attorney for filing his motion more than 80 days after the deadline had passed.
Mr. Lumumba sued Mr. Baldwin on October 13, 2015 in Hinds County Circuit Court. The case was assigned to Judge Weill (The complaint is posted below.). The defendant filed a motion to dismiss on November 30. Mr. Lumumba filed his motion to recuse on February 4, 2016.
Mr. Lumumba submitted his own affidavit in support of his motion. The plaintiff claimed:
Judge Weill filed a bar complaint against my father for alleged behavior occurring during the last and only trial he tried before Judge Weill.
4. Among other things Judge Weill noted in his complaint that the defendant in that case was found not guilty. Judge Weill appears to reference this not guilty verdict as an undesired result that was either caused by or an unfortunate consequence of my father’s behavior in that case.
5. In the previous trial Judge Weill demonstrated bias against the defendant and my father.
9. Judge Weill prosecuted a bar complaint against my father, which I believe disqualifies
him as an objective judge in the present case.
Judge Weill addresses the bar complaint allegation in his order denying the motion to recuse:
The undersigned did not file a bar complaint against Plaintiff's father, but even if Plaintiff's assertion were true, judicial disciplinary responsibilities are set forth in the Mississippi Code of Judicial Conduct and those disciplinary responsibilities, including Bar Complaints or informal reports to appropriate agencies and authorities are "absolutely privileged and no civil action predicated thereon may be instituted against the judge".
In other words, the court says that the attorney did not make a truthful assertion in his motion and affidavit. The court also points out that Mr. Lumumba filed his motion to recuse more than 80 days after the deadline had passed and 114 days after the lawsuit had been filed. The trial that was the subject of the false bar complaint claim took place in February 2012 and the case was randomly assigned to Judge Weill almost immediately when the lawsuit was filed in 2015.