North Georgia judge arrested for DUI to resign

Published 11:27 am Tuesday, June 28, 2016

DALTON, Ga. — A North Georgia Magistrate Judge will resign effective the end of the business day Thursday after her arrest Saturday for driving under the influence.

Whitfield County Magistrate Judge Kay Cope’s resignation announcement came amid the release of the Georgia State Patrol arrest report indicating Cope was drunk Saturday while performing her judge duties at the Whitfield County jail, and revelations of a complaint that Cope was drunk at work in 2015 that the chief magistrate filed with the state Judicial Qualifications Commission.

Cope was at the jail Saturday for first appearance hearings for people arrested overnight on Friday, and Whitfield County Sheriff’s Office personnel could smell alcohol on Cope’s breath, according to the report. After leaving the jail, a sheriff’s deputy pulled her over for failure to maintain a lane on North Thornton Avenue near the jail. Since Cope is a county employee, the WCSO called in the GSP to take over the case, according to the report

Cope, 60, and a magistrate judge for the past 32 years, was charged with DUI after failing a field sobriety test and admitting to a GSP officer to drinking “Seagrams” before taking the bench that afternoon. GSP was called in to assist at 2:55 p.m., and Cope said she had been drinking approximately one to two hours earlier, according to the report.

The report noted Cope’s eyes were bloodshot and watery and her speech was slurred. In performing one of the sobriety tests reciting letters of the alphabet from “d” to “r,” the report stated she became confused after the letter “n” and “would recite letters in no particular order.” She also could not walk in a straight light and had to balance herself on a fence in order to stand on one leg.

The Daily Citizen has filed an open records request with the Georgia State Patrol and the Whitfield County Sheriff’s Office for the dashcam video from the traffic stop and the arrest.

Cope was booked into the Whitfield County jail at 4:06 p.m. Saturday and was released on a $2,140 property bond posted by Bucky Cope, according to jail records. Cope’s Superior Court appearance has not been scheduled.

Attorney Steve Williams, who is representing Cope and was also her boss when she worked for the district attorney’s office before becoming a judge, said the resignation was “the best thing for her and the citizens.” Williams said Cope would not speak to The Daily Citizen about the incident or her resignation.

“Kaye has served the citizens of Whitfield County for many, many, many years,” said Williams. “She regrets she is in this position and so the best thing for her and the citizens is to go ahead and resign so a replacement can be made. All of this is very embarrassing to her. She has been a longtime employee of Whitfield County working in the probation office, DA’s office and the court for more than 30 years. She is struggling to put this unfortunate incident behind her. It doesn’t reflect well on the court, and she will resign, effective Thursday.”

Chief Magistrate Judge Haynes Townsend confirmed Cope’s intention to resign even though he said he didn’t “have anything in my hand.” Townsend is vacationing in Japan this week.

“I have removed her from any duties until I get back on Friday,” Townsend said. “Her indication to me is that she is going to submit her resignation on Friday.”

Williams said a resignation letter was sent to Townsend and the Whitfield County Board of Commissioners. Chairman Mike Babb said Monday night he had not seen the letter but knew it had been received by the county.

“She has thanked Haynes for the opportunity to serve, and was very appreciative of the opportunity to work with all of the many employees of the county and city law enforcement,” Williams said.

Two people — Shana Byers Vinyard and John Lofty — are in the July 26th non-partisan runoff for Cope’s seat. Townsend said he could find someone to fill the remainder of Cope’s term until January, but if the winner of the runoff is able to begin their duties right away, he would more than likely appoint the runoff winner to the seat.

“My thoughts right now would be just going on ahead and appointing whoever wins that runoff and start immediately,” Townsend said. “It has all kind of happened all of a sudden, but it is up to me to appoint someone with the approval of the four Superior Court judges. I will consider that more on the way home and will address it when I come back home.”

This is at least the second incident of alcohol use on the job which has been reported. Townsend said he filed a complaint with the Judicial Qualifications Commission nine months ago about Cope being intoxicated in the magistrate court offices.

“I filed the complaint for drinking on the job,” Townsend said. “She hadn’t been bringing it into the office, but this has been an ongoing problem with Judge Cope. Judge Cope lost her husband suddenly (in 2012) and she has had some difficulties all along. We have tried to help out a colleague. You hate to have to do things like that, because you try to help people, but the law requires you to report it.”

Williams confirmed the report to the Judicial Qualifications Commission and that the report played a role in Cope deciding not to run for re-election this year.

“There was an allegation before and she chose not to run for re-election and that was the end of it,” Williams said.

Williams represented Cope’s husband, Robert Keith Smith, in a 2009 incident.

“Other than being embarrassed and regretful, she is obviously thinking about her future,” Williams said. “She has strong family and strong friends and she is going to move on.”

A native of Whitfield County, Cope has a criminal justice degree from Jacksonville State University. Prior to becoming magistrate judge, she worked in the district attorney’s office as a warrant track systems coordinator. She also worked as a clerk in the Whitfield County Probate Court and served an internship with the local state probation office.