Miss. Comm'n on Judicial Performance v. Cowart
| Docket Number: | 2010-JP-01903-SCT Linked Case(s): 2010-JP-01903-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 09-08-2011 Opinion Author: Chandler, J. Holding: Suspended without pay for 60 days, publicly reprimanded and assessed costs of $2139.63. |
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| Additional Case Information: |
Topic: Judicial discipline - Willful misconduct - Ex parte communications - Sanctions - Publicly reprimand - Suspension Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Pierce and King, JJ. Concur in Part, Concur in Result 1: Kitchens, J. Nature of the Case: CIVIL - JUDICIAL PERFORMANCE |
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| Trial Court: |
Date of Trial Judgment: 11-17-2010 Appealed from: MISSISSIPPI COMMISSION ON JUDICIAL PERFORMANCE Judge: H. David Clark Disposition: Suspended without pay for 60 days, publicly reprimanded and assessed costs of $2139.63. Case Number: 2009-070 |
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| Note: | Joint Motion for Approval of Recommendation filed by the Mississippi Commission on Judicial Performance and Nell Y. Cowart is granted. | |
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Judicial discipline - Willful misconduct - Ex parte communications - Sanctions - Publicly reprimand - Suspension |
| Summary of the Facts: | The Mississippi Commission on Judicial Performance filed a formal complaint against Nell Y. Cowart, justice court judge for the Southeast District, Pearl River County, alleging judicial misconduct actionable pursuant to Article 6, Section 177A, Mississippi Constitution of 1890, as amended. Judge Cowart acknowledges her misconduct and joins the Commission’s recommendation for sanctions. |
| Summary of Opinion Analysis: | Issue 1: Willful misconduct Willful misconduct in office is the improper or wrongful use of power of his office by a judge acting intentionally or with gross unconcern for his conduct and generally in bad faith. It involves more than an error of judgment or a mere lack of diligence. The Commission determined by clear and convincing evidence that Judge Cowart had violated Code of Judicial Conduct Canons 1 (integrity and independence of the judiciary); 2A (acting in a manner that promotes public confidence in the integrity and impartiality of the judiciary); 2B (refraining from family, social, or other relationships influencing judicial conduct and judgment); 3B(2) (faithfulness and competence in the law); and 3B(7) (not considering communications made to the judge outside the presence of the parties in a pending matter). The Commission determined that Judge Cowart refused to sign a search warrant referencing the computer of a person the police wanted to arrest. When the person was arrested and brought before Judge Cowart for her initial appearance, Judge Cowart ordered the handcuffs and shackles removed from her and stated from the bench that the person was not a criminal. When the person was arrested a second time, Judge Cowart assumed the arrest was for the same charges; she then gave assistance to the person and her husband, including calling the sheriff’s department and demanding the person be released. At a second appearance before Judge Cowart, Judge Cowart again ordered the handcuffs and shackles removed and proceeded to make statements from the bench that the person was not a criminal and would not spend another night in jail. Judge Cowart appeared emotional during an officer’s testimony of the person’s actions. These actions constituted willful misconduct and conduct prejudicial to the administration of justice. Issue 2: Sanctions The Commission recommended that Judge Cowart receive a public reprimand; suspension for a period of sixty days without pay; and assessment of costs in the amount of $2,139.63. Judge Cowart has been a justice court judge since February of 1997, when she was appointed to fill the unexpired term of her deceased husband. The Court has imposed similar sanctions to those recommended by the Commission, including previously issuing similar sanctions to those for Judge Cowart for violations including ex parte communications. Judge Cowart has inappropriately allowed her personal relationship with the person arrested to affect her conduct. Judge Cowart has inappropriately engaged in ex parte communications, despite being previously reprimanded for similar conduct. The public’s perception of the judiciary was harmed through Judge Cowart’s actions. Judge Cowart has had prior disciplinary actions against her. Judge Cowart’s record of judicial misconduct, evidencing a disregard for the Code of Judicial Conduct, is an aggravating circumstance. Thus, Judge Cowart is to be publicly reprimanded, suspended from office for a period of sixty days without pay, and assessed with costs in the amount of $2,139.63. |
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