Highlights:
-Judge Melvin Priester, Sr. filed a bar complaint against District Attorney.
-Judge Tomie Green reported Smith to the Bar for alleged incidents of misconduct .
-D.A. allegedly tried to use his mother to influence Judge Green
-Judge Green accused D.A. of harassing Special Master Amy Whitten
The Mississippi Bar filed a complaint against Hinds County District Attorney Robert Shuler Smith at the Mississippi Supreme Court after two Hinds County Judges reported him to the Bar. The actual complaint is posted below. The bar complaint provides the following information:
*The Bar took note of Smith's conduct (p.2) in Judge Melvin Priester, Sr.'s courtroom on March 3 in the preliminary hearing for Christopher Butler. Earlier post reporting hearing. Copy of transcript included. The complaint states
8. Mr. Smith interrupted the proceedings and accused the Attorney General's Office of misconduct in an unrelated investigation.
9. Judge Priester ultimately postponed the preliminary hearing in the Butler matter due to Smith's conduct.
The disruption allegedly violated the rules that bar a lawyer from "engaging in conduct intended to disrupt a tribunal". Mr. Smith was not a party in the case and filed no motion to intervene or similar actions. He simply appeared unannounced and proceeded to make various charges and accusations against the Attorney General's prosecutors.
The actual bar complaint is posted below (p.6.) and states Judge Priester reported Smith to the Bar in a March 14 letter. Judge Priester's letter states:
Pursuant to the reporting requirements of Cannon 3D(2 ) of the Cannon of Judicial Ethics, it pains me to report that on March 3, 2016, Mr. Robert Smith, District Attorney for Hinds County, appeared before me in my courtroom and proceeded to act irrational, manic. and virtually out of control. Further, he could not stand still for any period of time and continuously moved back and forth from his seat, to the podium or up and down in his seat, even as other attorneys were addressing the bench. I have attached hereto a copy of the transcript for the sake of time; and while recognizing you cannot get an emotional flavor from this document that nevertheless. it must be taken into consideration.
Again, while I regret having to file this report, Mr. Smith's behavior was so bizarre, I am required to do so. Should you have any questions, concerns. or requests for additional information. please do not hesitate to contact me.It appears the Bar took Judge Priester's letter seriously.
*The Attorney General attempted to quash several grand jury subpoenas issued by the D.A in January. (p.3) Senior Circuit Judge Tomie Green appointed Amy Whitten as a special master to hear the A.G.'s petition. The D.A. allegedly tried to contact Ms. Whitten ex parte (Ex parte is communication with the judge outside of the presence of other parties or attorneys. It is usually proper for non-adversarial proceedings such as adoptions or guardianships. It is not so proper for adversarial proceedings such as oh, criminal cases and grand jury proceedings.) Judge Green issued an order prohibiting such ex parte communication. Smith charged Judge Green "had improper ex parte communications with other lawyers, improperly set bond and dismissed criminal cases 'behind his back'". (See how such public complaints turned out for Chokwe Lumumba, Sr.).
The Bar said the rules bar lawyers from communicating with judge's ex parte during a proceeding, attempting to disrupt a tribunal, and attacking the integrity of a judge. (p.4). Judge Green stated in a letter to the Bar on February 17:
l am appalled at your malicious and unprofessional statements made during a February 12, 2016 news conference. Your conduct was intentional, retaliatory and improperly coercive at a time when l had under advisement an issue dealing with the impropriety of subpoenas you issued. Consequently, your accusations caused my family and I to endure unflattering, destructive and dangerous repercussions from the public. Your statements were intentional, and you knew or should have known they would evoke unwarranted outrage by Hinds County citizens.
I demand that you publicly retract your allegations that this Court had improper ex parte communications with Atty. Faye Peterson and/or other attorneys, and that I improperly set bond for Timothy Owens or any other person. Further. I demand that you retract accusations that I dismissed criminal cases "behind your back".
You publicly violated, at least, Rule 9.1 of the UCCRR, and Rules 3.5, 3.6 and 8.4 of the Mississippi Rules of Professional Conduct and DR7-i06(C)(6) of the Disciplinary Rules. I charge that your actions were also unethical as district attorney. You were deceptive and dishonest. Overall, your false accusations are prejudicial to the administration of justice and impede the orderly progression and disposition of criminal cases in our district.
Judge Green also reported to the bar in a handwritten letter attached to the letter quoted above:
I am attaching other documents that proceeded our DA's news conference on 2/12/16. I had under consideration grand jury subpoena that were challenged by the Atty Gen & his staff, the MDOC Marshall Fisher and staff (formerly of MBN). I appointed Amy Whitten as special master. The DA attempt to contact and harass her. I issued a clarification order prohibiting ex parte contact by him or any other party. He never ceased.
On 2/9/16, the DA slipped a handwritten note under my office door "trying to get me to meet with his mother." I know of his mother but have no personal relationship with Alice Smith. I emailed him to let him know the note and request was odd and improper.
The next day his mom left a voicemail at my office. She said it was left in response to me but I never talked to her. She was a bit irate and demanded respect and said she knew "what to do". I can email you the voicemail for review.
Then came the news conference after Amy Whitten's recommendation and my acceptance of the same.
Judge Green includes a handwritten letter that was allegedly written and signed by the D.A. :
Judge Green replied to Smith in an email that said she was "puzzled" about why he wanted her to meet with his mother. She called the request "odd" and said it was "improper for me to meet with your or your mother about specific or unspecified matters."
49 comments:
He's done
WHAT ARE YOU GONNA DO ABOUT IT EYEBROWS
https://www.youtube.com/watch?v=VgtjZgk2XPA
This news made my day!
Hard not to suspect after reading Priester's letter that Smith was under the influence.
Kingfish, would you please translate the legalese for those of us who aren't attorney's? I get the drift, but would like to be sure I'm not missing anything.
Leaving a "my mom needs to speak with you" letter is hilarious. Smith needs to quit whatever legal or illegal meds are causing this behavior.
Appears that WAPT's Angela Williams is a JJ reader since she just ripped you off without attribution.
Nothing will happen. The Bar only goes after you if you mismanage your trust account.
Are some of his actions consistent with drug addiction or substance abuse?
Thanks for the summary, KF. Very helpful!
Did he really tell his mommy on Judge Green? What an embarrassment.
Yeah, but what leverage does Smith's parents believe they hold with Tomie Green
Think Sam R Hall will demand that his staff seek comment from George Soros?
Apparently, Scott Simmons is a JJ reader as well.
I STAND WITH THE DA! HE IS A GREAT PERSON. THEY NEVER WANT TO SEE A BLACK MAN IN POWER DOING THE RIGHT THING. SOMEONE ALWAYS HAS TO TRY TO TEAR HIM DOWN. ATT. ROBERT SMITH IS THE BEST THING THAT COULD HAVE HAPPENED TO HINDS COUNTY.
JUDGE TOMMIE GREEN ON THE OTHER HAND :(
Get him out of there.
@1:00pm Mom!?!
mmm...i thought these filings were to be confidential. very thankful this is public!!
The fix is in. Everyone helping him set up a mental illness defense to avoid jail time.
JJ has posted about Ed Peters before. Ed Peters tenure ended before JJ came alone. Bill Minor wrote about him quite a bit when he worked at the Capital Monitor. We also didn't have access to court cases online as we do now nor did we have social media and blogs. JJ has also heard how over the years a certain group of former prosecutors seemed to get favorable treatment for their clients while he was D.A.
Here is one post.
He must be abusing drugs. He has all the symptoms.
Stay on subject KF. This ain't about Ed Peters. And don't start a bunch of crap about Delaughter either.
Thank you Johnny but since I am not licensed to practice law, that would be kind of hard to do.
Translation: "Dear Jurge Green, my mama need to ax you a kwerschun."
I am glad that dishonest piece of shit is getting his due. I don't believe his nightmare has even really begun.
The Honorable Tomie Green & Melvin Priester Sr. are doing a good job with the case.
I'm laughing my ass off. "Titty Mama Titty".
Hope whoever is sitting on the Mississippi Supreme Court does right by Judge Tomie Green, Melvin Priester Sr. & the citizens of the state of Mississippi. When will the state highest court take action of this festering wound.
RSS comes from "Jackson Black Royalty." They're like small-town Kennedys.
His grandfather was the first black person to run for political office in Mississippi, since reconstruction. His father was (is?) a preacher.
RSS thinks the Smith family can do no wrong, thinks that all of black Jackson will do their bidding.
Crack is whack.
His departure should help with reduction of Hinds County's Catch & Release...
What's with 'comment deleted by author'? I've told you for years, there is NO WAY for an author, once a post has been entered, to delete it or remove it.
Posting that is dishonest.
I think you can if you are doing it while signed it to your google account.
If I remove it, it says removed by administrator, not author.
I've told you for years, there is NO WAY for an author, ...
As someone who knows otherwise it is clear you've been wrong "for years". I don't consider you dishonest, just stupid.
@100
ROBERT, YOU HAVE YOUR CAPS ON LOCK. CARRY ON.
So Tommie Green and Melvin Priester are now shining examples of the integrity of the rule of law. Neat.
Pray tell, how do you have ex parte proceedings in a grand jury? A. There is no judge. B. They are as far removed from adversarial as you can get. Short of a cross notice, which almost never, ever happens, they are as one sided as anything can be.
To this day, no one has yet to explain why the DA office, the investigators and Judge Weill are having email conversations. That is, by far, the most troubling aspect to all this. As someone who has had the misfortune of dealing with RSS on the other side, I find the allegations of unethical behavior not surprising at all. But to have a sitting circuit judge blatantly flaunting the Judicial Canons, in some kind of Judge Dredd wannabe way, I find terrifying. RSS and Co. F'in up a 2 car funeral isn't a shock, but when you've got a Roy Bean copycat backing them up, we've got a huge problem.
I'm wondering who wrote what Tomie Green signed. That notwithstanding, what kind of grown pussy-man invokes the name of his mother to get his private conduct/matters dispatched?
Folks i screwed up my comments ,tried to remove them,but it left a mark,,,sorry
Ever seen Dave Chappelle's "When Keeping It Real Goes Wrong?"
8:21. That's ok. Knock back another one and get to bed.
"Mother
Tell your children not to walk my way
Tell your children not to hear my words
What they mean
What they say
Mother
Mother
Can you keep them in the dark for life
Can you hide them from the waiting world
Oh mother"
This is a prime example of what happens when we elect someone based on the color of his skin. Note the rest of Jackson's public officials. Our City is crashing.
Some people get elected because of the color of their skin.
Some people get elected because of the D or R after their name.
Some people get elected because they are better looking than the opposition.
Some people get elected because they use tax money to buy voters.
I haven't heard of anyone getting elected because of their knowledge, experience, or honesty in a long time. Guess that went out of style.
@952 i personally like chris rocks video (how not to get your ass beat by the police)this should be what Tony Y plays at his community meetings,i was logged in my google account when i deleted those comments i made yesterday,,,sorry too much adult beverage.
10:35 has said what needs to be said.
He was elected because of the fabric of his slippers.
RSS acts a lot like Little Richard during the crazier parts of his life.
Little Robert may be going thru similar self learning periods....and he may not like it.
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