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Mississippi Commission on Judicial Performance v. Weisenberger

Supreme Court of Mississippi

March 20, 2015

MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE
v.
JUSTICE COURT JUDGE BILL WEISENBERGER

ORDER

LESLIE D. KING, JUSTICE

This matter is before the Court, sitting en banc, on the Petition for Interim Suspension of Justice Court Judge William "Bill" Weisenberger filed by the Mississippi Commission on Judicial Performance.

The Commission has filed a formal complaint against Judge Weisenberger, alleging violations of Section 177A of the Mississippi Constitution, as well as Canons 1, 2A, 3B(2), 3B(5), 3B(8), 3C(1), and 4A of the Code of Judicial Conduct of Mississippi. First, the complaint alleges Judge Weisenberger, while at the Canton Flea Market, physically assaulted a mentally handicapped African-American male and directed racial slurs toward him. The complaint also alleges that, at the same event, Judge Weisenberger stated that "he did not take orders from a woman." Second, the complaint alleges that Judge Weisenberger issued disparate sentences based on race while presiding over the criminal docket of the Madison County Justice Court. Lastly, the complaint alleges that Judge Weisenberger issued an arrest warrant for a fictional charge while performing his judicial duties. Judge Weisenberger is additionally under indictment for simple assault of a vulnerable person in the Circuit Court of Madison County, arising out of his alleged conduct at the Canton Flea Market.

The Commission, by vote of six commissioners in favor and no commissioners against, has petitioned the Court to suspend Judge Weisenberger, without pay, pending the Commission's Inquiries Concerning a Judge Nos. 2014-120/141/142/279. After due consideration, this Court finds that the motion should be granted in part. This Court denies the Commission's recommendation that the suspension be without pay. Judge Weisenberger shall be temporarily suspended from his duties as Justice Court Judge, with pay, pending resolution of the formal complaint filed by the Mississippi Commission on Judicial Performance.

IT IS THEREFORE ORDERED that the Commission's recommendation is granted in part and denied in part. Justice Court Judge Bill Weisenberger is hereby temporarily suspended from the performance of all duties of his office, with pay, until further order of this Court.

SO ORDERED.


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