In Re: Magistrate J. Kennedy Peabody [2013] LRSC 30 (20 February 2013)
IN RE: MAGISTRATE J. KENNEDY PEABODY [2013] LRSC 30 (20 February 2013)
IN RE: JUDICIAL INQUIRY REPORT ON HIS HONOR J. KENNEDY PEABODY, STIPENDIARY MAGISTRATE, PAYNESVILLE MAGISTERIAL COURT
JUDGMENT
When this case was called for hearing, Counsellors Emmanuel B. James and Cooper W. Kruah appeared as Amici Curiae and Counsellor David B. Gibson, Jr. of the Wright, Jangaba & Associates Law Firm appeared for the respondent.
Having heard the legal arguments presented by both sides in this matter, and having reviewed and considered the facts and applicable laws and rules relating thereto, it is hereby
ADJUDGED:
That in accordance with Canon 8, Magistrate Peabody is obligated at all times to be alert in the conduct of the business of the court; he violated the said canon and was in error when he proceeded to sign a commitment to send Pastor Elijah Peters to prison after he had assigned the matter to Associate Magistrate Todd for handling. He cannot therefore be exonerated of liability, said act having harmed someone in the process and caused embarrassment to the court and the Judiciary as a whole.
That there being evidence of Pastor Peters’ defiance and disrespect for the court when he appeared, the recommendation of the Judiciary Inquiry Commission that the Pastor be warned not to repeat such conduct is endorsed.
That we agree the Magistrate should be sanctioned so as to alert him of the duty of caution and care imposed on him in the administration of his duty as a Judge. However, we modify the recommendation of the Judiciary Inquiry Commission. Magistrate Peabody is suspended for two (2) months instead of six (6) months. The suspension takes effect as of the handing down of this opinion.
The Clerk is hereby ordered to communicate to the parties our ruling in this matter. AND IT IS HEREBY SO ORDERED.
GIVEN UNDER OUR HANDS AND THE SEAL OF THE SUPREME COURT OF LIBERIA THIS 20TH DAY OF FEBRUARY, A.D. 2013.