Inquiry Concerning Judge Coomer
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.
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