In re Inquiry Concerning a Judge, No. 25-148 (Sean A. Cole, Respondent)

Summary

The Supreme Court of North Carolina censured Superior Court Judge Sean A. Cole for practicing law while serving as a judge and for related conduct violating Canons 1, 2A, and 5F of the North Carolina Code of Judicial Conduct. The Court adopted the Judicial Standards Commission’s findings and conclusions, determining that the conduct constituted willful misconduct in office and conduct prejudicial to the administration of justice that brought the judicial office into disrepute.

Holdings

1. The Commission's findings of fact were supported by clear and convincing evidence, and the Supreme Court adopted them as its own.
2. Judge Cole's conduct violated Canons 1, 2A, and 5F of the North Carolina Code of Judicial Conduct and constituted willful misconduct in office and conduct prejudicial to the administration of justice that brought the judicial office into disrepute under N.C.G.S. § 7A-376(b).
3. Censure was an appropriate sanction for Judge Cole's misconduct.

Questions Presented

1. Whether the Judicial Standards Commission's stipulated findings of fact were supported by clear and convincing evidence.
2. Whether the findings supported conclusions that Judge Cole violated Canons 1, 2A, and 5F of the North Carolina Code of Judicial Conduct and engaged in willful misconduct in office and conduct prejudicial to the administration of justice that brought the judicial office into disrepute.
3. Whether censure was the appropriate sanction for Judge Cole's misconduct.

Disposition

approved