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Inquiry Concerning Judge Coomer

CourtSupreme Court of Georgia
Docket No.S21Z0595
DecidedMarch 15, 2023
Reporter315 Ga. 841; 885 S.E.2d 738; 2023 Ga. LEXIS 59; 2023 WL 2521905
JudgesAll the Justices concur, except Bethel, J., not participating, and Colvin, J., disqualified.
Tags
CivilJudicial DisciplineJudicial Qualifications CommissionPre-Judicial ConductBad Faith RequirementRemoval RecommendationRemandTales From the CryptCorruption & Concealment
Case Summary

The Judicial Qualifications Commission charged Court of Appeals Judge Christian Coomer with 36 violations involving his law practice and a client, campaign spending and disclosures, and financial transactions; many alleged acts predated his judicial candidacy. After a three-month hearing, the panel found most counts proved, rejected counts alleging dishonesty, misrepresentation, and fictitious transfers, and recommended removal, reasoning that Coomer either knowingly violated rules or was ignorant of them. The Georgia Supreme Court held that the Judicial Code governs conduct only while a person is a judge or judicial candidate, and that none of these charges alleged acts in a judicial capacity. Discipline for nonjudicial conduct therefore required clear and convincing proof of bad faith; negligence or ignorance alone was insufficient. Because the panel’s findings were ambiguous about whether proved violations were knowing and in bad faith, the Court could not assess discipline. The panel, which heard the live testimony and could judge credibility, had to clarify which proved counts fell within the Code, whether any met the constitutional bad-faith standard, and what discipline, if any, was warranted. The Court remanded for revised findings within 60 days.

Opinion

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