The head of Mississippi’s Commission on Judicial Performance is openly questioning whether a Columbus municipal judge can stay on the bench while seeking election to the state Legislature.
On Monday, Nicole Clinkscales launched a write-in campaign for the Democratic nomination for District 41 representative in an announcement on the Lowndes County Courthouse steps. She had previously supported longtime representative Esther Harrison, who died last week amid her latest re-election bid.
Columbus councilman Kabir Karriem has also qualified to run as a Democrat for the seat, and local political activist Tiffany Sturdivant has also launched a write-in campaign for the Democratic nomination.
Canon 5A(2) of the Mississippi Code of Judicial Conduct says “A judge shall resign from judicial office upon becoming a candidate either in a party primary or in a general election for a non-judicial office …”
Though Clinkscales did not qualify for the party primary and is seeking write-in votes, the code indicates that a person becomes a “candidate” upon making a public announcement, filing official paperwork or authorizing the solicitation or acceptance of funds. On Monday, Clinkscales’ campaign brought volunteer sign-up sheets to her public announcement, and Clinkscales specifically mentioned needing volunteers to help her raise money.
Write-in or not, Commission on Judicial Performance Executive Director Darlene Ballard said Clinkscales is a “candidate” and is therefore subject to the canon that requires her to resign.
“She’s still, in my eyes, seeking votes for a non-judicial office,” Ballard told the Dispatch. “In my opinion, that canon can and would apply to her.”
Clinkscales, who has not resigned as municipal judge, told The Dispatch on Monday that city officials had permitted her to run as a write-in candidate and maintain her spot on the bench. She said she had “not gotten an answer from the state” on the matter.
“I will certainly continue to try to get that answer, and I will do what the law requires me to do,” Clinkscales said.
However, Clinkscales did not specify whether that meant she would resign the bench or suspend her write-in campaign if the judicial performance commission ultimately ruled she couldn’t do both.
Clinkscales, 40, has served as municipal judge since 2010. Her sometimes embattled tenure on the bench includes pleading no contest in 2011 to misdemeanor charges of disorderly conduct and disobeying a police officer. She also drew public scrutiny in 2013 for Facebook posts that disparaged Columbus Municipal School Board members and expressed support for candidates.
Neither Mayor Robert Smith nor City Attorney Jeff Turnage returned calls and messages for comment by press time.
Zack Plair is the managing editor for The Dispatch.
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