One Mississippi judge suspended, another let off the hook

September 15, 2011

Jackson, Mississippi: On September 8th, the Mississippi Supreme Court decided to uphold a 2009 recommendation by the state's Commission on Judicial Performance to suspend Judge Nell Y. Cowart of the Pearl River County Justice Court for 60 days without pay. The judge had shown bias in dealing with a defendant with whom she had a personal relationship. The judge had denied a warrant to law official to search the home of Anita Carol Pearson. Then, when Pearson was arrested and brought before the court on charges of kidnapping, armed robbery and extortion, the judge ordered the handcuffs removed and told officials that she was not a criminal. The judge was also reported to be emotional and tearful during testimony. All of Pearson's charges were later dropped, although the judge was still accused of giving inappropriate assistance to the defendant. This would likely have not resulted in Cowart's suspension if it hadn't been for another instance in 2006, where she was suspended for talking to people about cases outside the courtroom. Justice David Chandler explained that it was her pattern of conduct that led the court to suspend Cowart. She will also be fined $2,139.63.

In a different instance, the state Supreme Court dismissed a charge by the Commission on Judicial Performance against Judge Steve Little of the Alcorn County Justice Court. The commission accused him of ticket-fixing. He had allowed certain DUI cases to be retired if the defendant completed a treatment program. He had also failed to issue judgements on some of the cases. The commission explained that completion of a treatment program did not cancel out a DUI charge. The Supreme Court agreed that, in state law, a sitting judge could not reduce a DUI charge. However, Justice Randy Pierce explained, "Passing to the file' a DUI charge does not constitute a reduction of that charge, so it stands to reason that Judge Little's conduct cannot be compared to the conduct exhibited in 'ticket-fixing' cases." Little was not found to have acted out of "bad faith or gross unconcern" and the commission's suggestion of a 90-day suspension without pay was shot down.