86A26
N.C.May 22, 2026Background
- Sean A. Cole, a Superior Court judge, was recommended for censure by the Judicial Standards Commission for violating Canons 1, 2A, and 5F and engaging in willful misconduct in office. 1
- Before taking the bench, Cole ran a solo personal-injury practice and had not adequately planned to wind it down if elected. 2
- Commission staff repeatedly advised Cole that he could not practice law after taking office and needed to promptly withdraw from pending cases. 3
- After taking his oath on January 1, 2025, Cole still had twelve pending cases and continued to act as counsel, including filing summonses, continuance motions, dismissals, and a complaint. 4
- The Commission found Cole’s conduct violated the judicial canons and constituted conduct prejudicial to the administration of justice and willful misconduct in office. 5
- The North Carolina Supreme Court adopted the Commission’s findings and ordered Cole censured. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Cole violate Canons 1, 2A, and 5F? 7 | Commission said Cole knowingly practiced law as a judge. | Cole cooperated and was just winding down his practice. | Yes; the findings were supported and the canon violations were adopted. 8 |
| Was censure the proper sanction? 9 | Commission sought censure based on public-confidence concerns. | Cole’s cooperation and clean record called for leniency. | Yes; the Court accepted censure as appropriate. 10 |
Key Cases Cited
- In re Edens, 290 N.C. 299 (N.C. 1976) (defines willful misconduct as intentional, knowing, generally bad-faith judicial wrongdoing 11)
- In re Nowell, 293 N.C. 235 (N.C. 1977) (explains willful misconduct and conduct prejudicial to the administration of justice 12)
- In re Crutchfield, 289 N.C. 597 (N.C. 1975) (states judicial discipline aims to preserve public confidence and the honor of the courts 13)
- In re Badgett, 362 N.C. 202 (N.C. 2008) (censure for improper use of judicial office and related misconduct 14)
- In re Foster, 385 N.C. 675 (N.C. 2024) (discusses sanction authority and a 120-day suspension for serious judicial misconduct 15)
- In re Belk, 364 N.C. 114 (N.C. 2010) (censure for continuing prohibited board service after being told to stop 16)
- In re Murphy, 376 N.C. 219 (N.C. 2020) (censure for failing to prevent and address misconduct in chambers 17)
- In re Brooks, 377 N.C. 146 (N.C. 2021) (suspension where misconduct was a single event and the judge admitted error 18)