Mississippi Commission on Judicial Performance v. Cowart
2011 Miss. LEXIS 435
| Miss. | 2011Background
- Judge Nell Y. Cowart, Pearl River County justice court judge, faced a formal complaint for alleged judicial misconduct under Miss. Const. art. 6, §177A after actions surrounding Pearson cases.
- On Jan. 27, 2009 Cowart refused to sign a search warrant for Pearson's computer.
- On Feb. 6, 2009 Pearson was arrested on multiple felonies; Cowart ordered removal of handcuffs and shackles and stated Pearson was not a criminal, setting bond at $21,500.
- A second arrest of Pearson occurred weeks later; Cowart, assuming it mirrored the prior charges, attempted to aid Pearson by contacting the sheriff’s department and proposing Pearson’s release.
- At Pearson’s second initial appearance, Cowart again removed restraints, described Pearson as not a criminal, and became emotional on the bench; she apologized to officers afterward.
- The Commission filed a formal complaint on April 7, 2009, which was amended; Cowart admitted ex parte communications with Pearson’s husband and acknowledged ordering the removal of restraints.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cowart’s conduct violated Canons and §177A. | Cowart violated Canons 1, 2A, 2B, 3B(2), 3B(7) and §177A. | Cowart contends some actions were discretionary and not sanctionable; recusal not clearly required. | Yes; conduct violated Canons 1, 2A, 2B, 3B(2), 3B(7) and §177A. |
| Appropriate sanction for Cowart’s misconduct. | Agreed sanctions (public reprimand, 60-day suspension without pay, costs) are appropriate given repeated misconduct. | Joint recommendation should be adopted; maintaining proportionate discipline. | Public reprimand, 60-day suspension without pay, and costs of $2,139.63 imposed. |
Key Cases Cited
- Miss. Comm'n on Judicial Performance v. Dearman, 66 So.3d 112 (Miss. 2011) (ex parte communications violations cited in sanctions)
- Miss. Comm'n on Judicial Performance v. Osborne, 977 So.2d 314 (Miss. 2008) (sanctions for improper conduct involving personal relationships)
- Miss. Comm'n on Judicial Performance v. Boland, 975 So.2d 882 (Miss. 2008) (sanctions for misconduct; factors for penalty)
- Miss. Comm'n on Judicial Performance v. Gibson, 883 So.2d 1155 (Miss. 2004) (six factors for determining public reprimand)
- Mississippi Comm’n on Judicial Performance v. Osborne, 16 So.3d 16 (Miss. 2009) (recusal and misconduct considerations)