Tampabay: Reprimand alone unlikely to keep judge off the job

The path may be clear for Pinellas-Pasco Judge Charles Cope to return to the bench, now that a state panel has recommended he receive a public reprimand for his conduct last year during a California judicial conference.

Cope, 53, has been on paid leave for about a year, pulling his $130,000 annual salary despite pending charges by the Judicial Qualifications Commission.

Late Monday, a JQC hearing panel recommended to the Florida Supreme Court that Cope receive a public reprimand for his behavior at a conference in April 2001.

Cope was arrested in Carmel after two women, one of whom said he made unwanted sexual advances toward her, accused him of trying to enter their hotel room while they slept.

Judge David Demers, chief judge of the Pinellas-Pasco circuit, said he is seeking guidance this week from the JQC to see whether anything prevents Cope from resuming his duties on the bench.

Brooke Kennerly, executive director of the JQC, said she doesn't see anything barring Cope's return. Other judges have served while a recommendation of public reprimand has been pending before the court, she said.

"The answer is he probably goes back," she said Tuesday. "There's no reason for him not to. The panel didn't say he was unfit to serve."

She noted that the final decision is in the hands of JQC chairman James Wolf, an appeals judge from Tallahassee. Wolf declined to comment.

Cope's leave of absence was technically voluntary. But Cope has testified he felt he was forced to do so after the JQC general counsel threatened to have him removed without pay while charges are pending unless he stepped down.

The Florida Supreme Court may not act on the panel's recommendation for months. The court is not bound by the recommendation and could do anything it sees fit.

But removal from office seems unlikely given the generally favorable language in the recommendation.

While finding Cope, by his own admission, was guilty of public intoxication and inappropriate sexual conduct, the hearing panel said he "has admirably performed his duties as a circuit judge."

"No evidence," the panel said, "points to incompetence on the bench and ... the panel is favorably impressed with the remorse shown by Judge Cope in regard to all of these matters."

The hearing panel, warning Cope never to drink again, said evidence did not show that alcohol abuse interferred with Cope's function as a judge.

Cope still faces a trial scheduled next month in California on five misdemeanor charges. California prosecutors did not return calls for comment.

But a conviction on a misdemeanor does not necessarily mean that Cope faces any danger of being removed, since the JQC hearing panel considered the same allegations, Kennerly said.

Cope's attorney could not be reached for comment, and Cope declined to comment.

In June, the hearing panel cleared Cope of more serious allegations, including charges he stole a key from the women, tried to break into their hotel room and failed to report his arrest to the JQC.

For Cope, the recommendation perhaps ends any possibility his legal troubles would lead to his removal from the bench. Cope faces re-election in 2004.

A state House judicial oversight committee began looking into impeachment proceedings against Cope and a Hillsborough judge last year. But action against Cope was put off pending resolution of JQC and legal action against him elsewhere.

Rep. Larry Crow, R-Palm Harbor, chair of the committee and a critic of Cope's behavior, said future action is uncertain, especially since term limits are forcing him out of office.

"I think a reprimand is pretty light," he said. "I'd be disheartened if the Supreme Court lets him off with just that. But if the committee does anything, it will probably be under another chairman, long after I've left."

Back to Tampa Bay area news
Back

Contact the Times | Privacy Policy
Standard of Accuracy | Terms, Conditions & Copyright

Special Links

Mary Jo Melone

Howard Troxler

Headlines
From the Times
local news desks