Editor’s note: This version is updated to include a response from Clinkscales, which The Dispatch received after the deadline for Tuesday’s print edition.
COLUMBUS — Unprofessional conduct in court could see the city prosecutor, who is also seeking a municipal judgeship, spend a day behind bars.
Nicole Clinkscales was sentenced Thursday to one day in Lowndes County Adult Detention Center and ordered to pay a $100 fine after Judge Gary Goodwin found her in contempt of court for an incident July 24, according to documents The Dispatch obtained from municipal court. The sentencing order says Clinkscales must serve her day in jail Sept. 3.
Clinkscales can appeal her case to Lowndes County Circuit Court, but she had not filed paperwork for one with municipal court as of Monday.
The Dispatch confirmed with city officials Monday that Clinkscales is among three applicants so far for the city court’s second judgeship, which was left vacant when Judge Rhonda Hayes Ellis retired in March. Clinkscales served a scandal-riddled stint as municipal judge from 2010 to 2015 before leaving the bench to run unsuccessfully as a write-in candidate for District 41 state representative.
The city council appointed Clinkscales as city prosecutor in January 2023.
According to the contempt order, Clinkscales got into an argument July 24 with a defense attorney over whether to proceed with a driving under the influence case. Clinkscales wanted to proceed to trial despite the DUI testing officer not being present, while the defense attorney objected.
Columbus attorney Rod Ray confirmed to The Dispatch he was the defense attorney arguing with Clinkscales.
While the document notes Ray, at one point, spoke with an “elevated voice directed at (the) prosecutor,” it notes instances of Clinkscales “shouting in anger while physically remonstrating by waving files …” as well as “loud talking and unintelligible muttering” toward the courtroom gallery and police officers in the vicinity.
Goodwin ordered both attorneys to calm down and stop interrupting each other. After Clinkscales angrily protested, Goodwin ordered her and Ray to apologize to the court.
Ray complied, while Clinkscales said in a loud and angry voice, “I didn’t interrupt him, and I don’t owe the court anything. … I’m not apologizing to anyone.”
She continued to exhibit “an attitude of intentional challenge to the court’s authority” with more muttering and loud talking toward the gallery, the documents read, before Goodwin asked Clinkscales, “Are you going to apologize to the court?”
Clinkscales turned her back to the judge, faced the gallery, and loudly said, “No.”
Goodwin then ruled the court in recess, returning a week later to issue his contempt ruling.
The contempt order notes Clinkscales has acted defiantly toward the court on other occasions, including audibly and physically expressing dissatisfaction with its rulings. During a case in April, the order reads, she was ordered to apologize for the behavior. That time, she complied.
Goodwin declined to comment beyond the court documents when reached by The Dispatch.
In an email Clinkscales sent to The Dispatch after press time Monday, she refutes Goodwin gave her an appropriate opportunity to apologize during the argument. She also claims she has endured “months of bullying” from Goodwin during court sessions.
Clinkscales’ past
In 2016, Clinkscales was reprimanded for multiple judicial misconduct violations dating back to her time as municipal judge and drug court judge.
The Commission on Judicial Performance recommended the public reprimand after it found she violated the Mississippi Code of Judicial Conduct when she endorsed a political candidate on Facebook; made racially biased posts on social media; and exhibited poor demeanor in court. The commission also found she ordered some individuals, including her nephew, into the city’s voluntary drug court program.
Part of her reprimand also found she gave a misleading statement in a 2011 interview with The Dispatch, saying she expected to be cleared of any charges from her 2009 misdemeanor arrest for disobeying a police officer. She later pleaded no contest to the charge.
Mayor: ‘I don’t find it to be disqualifying’
Speaking to The Dispatch on Monday, Mayor Stephen Jones said he believes Clinkscales “does a great job” as prosecutor and isn’t concerned about the contempt order affecting her ability to continue in that role.
Further, he doesn’t think it disqualifies her from consideration for the judgeship.
“I don’t find it to be disqualifying because I don’t know if she was at fault for anything,” Jones said. “I find it disturbing on all parties – the judge, the defense attorney and her – it all could have been handled differently.”
Jones is particularly unhappy that Goodwin recessed court July 24 with cases still on the docket.
“I don’t like the fact that court was shut down … without giving us notice or anything,” he said. “And no concern to the people who had driven miles to be in court.”
Goodwin, first appointed to the bench in 2015 to replace Clinkscales, is serving as the court’s only judge until the council appoints a replacement for Hayes Ellis.
Jones said the city is continuing to advertise and take applicants for the judge’s vacancy with no hard timeline on when he will recommend someone for appointment.
In the meantime, Jones is considering a number of changes to the court – among them, adding an environmental court and holding court more than one day a week. Cutting the court to one judge permanently also is on the table, Jones said.
“My desire is to make some changes in court, and the next judge will be in line with the changes I want to make,” he said.
Zack Plair is the managing editor for The Dispatch.
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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 41 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.
