City Judge Nicole Clinkscales has not dismissed a disproportionately high number of cases involving the police officer who arrested her in 2009, a Dispatch investigation has revealed.
Allegations that Clinkscales had thrown out most, or all, of Patrolman Lance Luckey”s cases surfaced earlier this year after the former city attorney was appointed, along with Marc Amos, to serve as a Municipal Court judge.
Luckey had arrested her June 23, 2009, for disorderly conduct and failure to obey a police officer. She had repeatedly and loudly argued with him as he tried to break up a dispute between her and a neighbor.
As a result, she was fined $100 and was ordered to pay $276.50 in court costs Feb. 23 in Lowndes County Justice Court.
Despite the arrest, Clinkscales has presided over more than 33 separate cases involving more than 47 charges where Luckey was listed as the primary arresting officer.
After looking over court records since Jan. 1, 2011, The Dispatch found that Clinkscales dismissed seven charges, found defendants not guilty of two charges, found defendants guilty of 21 charges, and retired nine charges to the files subject to recall in future cases. Defendants pleaded guilty to eight charges.
Most, if not all, of the dismissals were for minor charges, such as driving without a license plate or making excessive noise, and are standard procedure in Municipal Court, said Court Clerk Lou Dudley.
The one serious charge was against Gerald L. Sharp for disobeying a police officer. Clinkscales dismissed the charge upon payment of court costs and an administrative fee.
Clinkscales continued to decline comment on the allegations Monday.
Police Chief Joseph St. John said he doesn”t “think there”s any proof” that support the allegations of judicial bias.
“We always have (allegations) when we have situations where law enforcement officers arrest a person we work with,” St. John said.
In contrast to Clinkscales” record, her fellow city judge, Marc Amos, presided over 16 charges where Luckey was listed as the primary officer. Of those, he returned five not guilty verdicts and five guilty verdicts. Defendants pleaded guilty to six of the charges.
While Clinkscales has not dismissed or rejected a disproportionate number of Luckey”s cases, she could have avoided the appearance of bias by disqualifying herself, as recommended by Mississippi Code of Judicial Conduct.
“Judges should disqualify themselves in proceedings in which their impartiality might be questioned by a reasonable person knowing all the circumstances …” according to Canon 3E(1).
Mississippi Commission on Judicial Performance Commission Director John Toney said every recusal case is evaluated individually, but that Clinkscales had probably not violated any ethical rules.
She has handled almost all of Luckey”s cases since the New Year because their schedules align, Dudley said.
CASES AT A GLANCE
Cases involving Columbus Police Patrolman Lance Luckey totaled 47 charges and 33 cases since Jan. 1.
Judge Nicole Clinkscales
· Found guilty: 21
· Found not guilty: 2
· Pleaded guilty: 8
· Retired to files: 9
· Dismissed: 7
Judge Marc Amos
· Found guilty: 5
· Found not guilty: 5
· Pleaded guilty: 6
You can help your community
Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 32 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.