The Mississippi Supreme Court has ordered that Leflore County Judge Solomon Osborne be suspended for 180 days without pay for his actions during an attempted repossession of a vehicle in 2002.
In the decision, released Thursday, the high court said “the magnitude of the offense and the harm suffered were relatively great and resulted from an abuse of Judge Osborne’s office.”
The opinion, written by Justice William L. Waller Jr., chastised Osborne for causing a “a breach of the peace” and impugning the integrity of the judiciary.
“His conduct occurred in public, he invoked his office for intimidation, and he acted for the direct personal gain of family and indirect personal gain,” Waller wrote. “We have no assurance that Judge Osborne recognizes or accepts the standards of behavior imposed upon him as a judge or that wrongdoing such as this will not reoccur in the future.”
A mandate is scheduled to be handed down Feb. 21. Osborne has until then to file a petition for a hearing with the Supreme Court. If he does not, the suspension will begin at that time.
When reached for comment Thursday, Osborne said he was unaware of the court’s decision.
“I didn’t know they had come down,” Osborne said. “I haven’t received a copy of it yet.”
According to Supreme Court Clerk Betty Sephton, Osborne was mailed a copy of the decision Thursday.
“I can’t comment on it until I’ve read it,” Osborne said.
In March 2007, a federal jury ordered Osborne to pay Chris Reed, a Greenwood repossession agent, $80,000 in compensatory and punitive damages for injuries Reed received during the repossession of a vehicle belonging to the judge’s family members. Payments on the Mercedes, which was registered in the names of Osborne’s mother-in-law and wife, were around $3,000 behind.
According to the Supreme Court’s decision, Reed towed the car away from Osborne’s offices on Walthall Street. Osborne, along with Tennie Benford, then chased Reed down in Benford’s car, ultimately blocking Reed’s path. An altercation ensued, according to court records, and Greenwood police officers were called to the scene. The episode lasted 45 minutes to an hour.
The Mississippi Commission on Judicial Performance, after conducting an investigation of the incident, recommended that Osborne be removed from office for 90 days without pay. The Supreme Court ultimately doubled that amount in its decision, which would cost Osborne about $48,000 in salary. It also assessed him $2,525 to cover the costs of the judicial watchdog agency’s investigation.
“From the commission’s standpoint, it’s always unfortunate when the court has to hand down a punishment to an acting judge because that means a judge has violated a sacred trust,” said Luther Brantley, executive director of the commission. “But at the same time, I think it proves that the commission and Supreme Court do hold judges accountable for their actions both on and off the bench.”
In a partially dissenting opinion, Justice James Graves wrote that while he agreed Osborne’s actions “brought the judicial office into disrepute,” he thought the court should have stuck to the lesser punishment recommended by the Judicial Performance Commission.
Reed and Greenwood political activist John Pittman Hey filed separate complaints with the commission following the incident.
Reed could not be reached for comment.
“I’m certainly glad the Supreme Court upped the recommendations,” Hey said. “But I wish they would have upped it to a dismissal.
“Anytime a person uses their position to act above the law, they should be removed from the bench permanently. Period. No strikes, no questions.”
Leflore County Supervisor Phil Wolfe agreed with Hey.
“Absolutely. He should have been removed from the bench,” Wolfe said. “Anyone who knows Osborne knows he violates the (judicial) canons all the time. The guy’s a lightning rod.
“And you know, this isn’t his first time at the dance.”
In January 2003, commission attorneys filed a complaint against Osborne, charging that he violated state law and the state Code of Judicial Conduct by continuing to practice law after becoming a judge.
Following a 17-month paid suspension and a Supreme Court reprimand, Osborne was reinstated to the bench.
Board of Supervisors President Wayne Self said the board will take up the matter of whom to put in Osborne’s place at the next board meeting.
“We will let it be a board decision, and not one person’s decision,” Self said.
But Leflore County Chancery Clerk Sam Abraham said it is his understanding that the state Supreme Court will decide on a temporary replacement.
The Judicial Performance Commission may not be done with Osborne yet. Hey filed another complaint with the watchdog agency over remarks Osborne made during a speech given to the Greenwood Voters League in September 2006.
In the speech, Osborne, who is black, told audience members to be leery of African Americans who are nominated by whites for positions in Greenwood city’s government. Hey contends that the speech reflects an anti-white bias in the judge.
Brantley said he could neither confirm nor deny that the commission is looking at another complaint. The Commonwealth, however, was subpoenaed by the commission last year to surrender a copy of an audiotape a reporter made of the speech.
Osborne was appointed as county court judge in 2001 by then-Governor Ronnie Musgrove. Osborne had just won election in 2002 when, two days into his new term, the repossession incident occurred.
Click here for PDF of Supreme Court decision
