Miss. Comm'n on Judicial Performance v. Cole


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Docket Number: 2005-JP-02122-SCT

Supreme Court: Opinion Link
Opinion Date: 06-08-2006
Opinion Author: Waller, P.J.
Holding: Cecil Cole, Justice Court Judge of Tate County, shall be publicly reprimanded for his actions in violation of the Canons of the Code of Judicial Conduct of Mississippi and the Mississippi Constitution of 1890.

Additional Case Information: Topic: Judicial discipline - Willful misconduct in office - Public reprimand
Judge(s) Concurring: Smith, C.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ.
Non Participating Judge(s): Diaz, J.
Dissenting Author : Cobb, P.J.

Trial Court: Date of Trial Judgment: 11-14-2005
Judge: Patricia D. Wise
Disposition: Before this Court is the Amended Agreed Statement of Facts and Proposed Recommendation filed October 11, 2005, by the Commission, counsel for Tate County Justice Court Judge Cecil Cole, and Judge Cole himself. The Agreement proposed sanctions of a public reprimand and assessed costs in the sum of $100.00.
Case Number: 2004-342

Note: Joint Motion for Approval of Proposed Recommendations filed by the Mississippi Commission on Judicial Performance is granted.

  Party Name: Attorney Name:  
Appellant: Mississippi Commission on Judicial Performance








 

Appellee: Cecil Cole  

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Topic: Judicial discipline - Willful misconduct in office - Public reprimand

Summary of the Facts: The grandson of Tate County Justice Court Judge Cecil Cole was arrested and charged with DUI, careless driving, leaving the scene, and possession of beer. At the time, the grandson was on probation for accessory after the fact in connection with a murder. Judge Cole, in his official capacity as Justice Court Judge of Tate County, entered an order reinstating his grandson’s driver’s license pending the Court’s disposition of the charges against him. The grandson later pled nolo contendere to all charges against him in Tate County Justice Court before the Justice Court Judge of Panola County, who was appointed to hear the case. The grandson’s probation was then revoked on the accessory charge. Judge Cole approached the Tate County Sheriff in an attempt to have his grandson serve his sentence in the Tate County Adult Detention Facility instead of a state facility. The Commission on Judicial Performand, counsel for Judge Cole, and Judge Cole himself entered into an Amended Agreed Statement of Facts and Proposed Recommendation proposing sanctions of a public reprimand and assessed costs in the sum of $100.

Summary of Opinion Analysis: By reinstating his grandson’s license and making attempts to have him placed in a Tate county detention facility rather than a state facility, Judge Cole violated Canons 1, 2A, 2B, 3B(2), 4(A)1, 4(A)2, and 4(A)3 of the Code of Judicial Conduct of Mississippi. Additionally, by engaging in conduct constituting willful misconduct in office and conduct prejudicial to the administration of justice by bringing the judicial office into disrepute, Judge Cole’s behavior was actionable under § 177A of the Mississippi Constitution of 1890. However, in light of Judge Cole’s actions in cooperating with the Commission and after considering past precedent, the Commission’s recommendation is accepted.


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