Uvalde County Judge William R. Mitchell has been suspended without pay following his indictment for knowingly subjecting an individual to unlawful arrest or seizure while acting under the color of his office.
Texas’ State Commission on Judicial Conduct, which is responsible for investigating allegations of this kind, issued the order of suspension against the Democrat judge on Tuesday.
“Having considered the indictment, the Commission concluded that Judge Mitchell is charged with one count of Official Oppression, a Class A Misdemeanor,” the order stated.
“The Commission determined that WILLIAM ROSS MITCHELL, should be SUSPENDED WITHOUT PAY from the judicial office of County Judge for Uvalde County, Texas,” the order continued. “This suspension shall remain in effect until the charges set forth in the indictment are dismissed, Judge Mitchell is acquitted of all charges in the indictment, or upon further review order(s) of the Commission.”
Judge Mitchell’s legal troubles stem from a March 27 incident in which Tyler Cox, a 28-year-old UPS delivery driver, was delivering packages to the third floor of the Uvalde County Courthouse.
Beyond these facts, two very different stories emerge.
Tyler Cox’s Story
Cox claims he was authorized by courthouse staff to leave the packages in the first-floor hallway due to elevator maintenance, but was confronted by Judge Mitchell, who allegedly “publicly humiliated him, shouting derogatory remarks and violently seizing his delivery dolly, scattering packages and committing assault.”
When Cox offered to relocate the packages, Mitchell allegedly ordered a deputy to “place him under arrest and cuff him.” Cox claims he was injured by the tightness of the handcuffs and was not read his Miranda rights before being detained for five minutes.
Judge Mitchell is then accused of stealing Cox’s phone for nine minutes without consent.
After the incident, Cox contends that Mitchell falsely reported to the Uvalde Leader-News that Cox called him an “asshole,” a defamatory statement. Mitchell has also allegedly refused to release video footage of the incident.
Cox subsequently filed a federal lawsuit, alleging Mitchell violated his rights under the Fourth Amendment, Fifth Amendment, Fourteenth Amendment, and Texas State Constitution. He is also claiming municipal liability, kidnapping, assault, conversion, and defamation.
Cox is seeking $15 million in damages and fees, injunctive relief, criminal referral, apology, and equitable relief. He is representing himself in the litigation.
Judge Mitchell’s Story
Judge Mitchell’s version of events differs significantly from that of Cox.
Mitchell explains that Cox “attempted to leave packages on the first floor of the Uvalde County Courthouse for packages that were addressed to the Third Floor.”
When the situation was brought to Mitchell’s attention, he came out of his office into the hallway to inform Cox that the packages needed to be delivered to the third floor.
Cox allegedly “became upset with the fact that packages needed to be delivered to their appropriate address on the third floor and committed disorderly conduct by grabbing two of the packages and calling Judge Mitchell [an] ‘Asshole’ as he went up the stairwell.”
Mitchell then ordered the deputy to arrest Cox. The deputy caught up to Cox on the second floor and handcuffed one of his hands. Mitchell claims that “through information and belief,” only one of Cox’s wrists was ever handcuffed.
Cox allegedly retrieved his cell phone from his own pocket and gave it to Judge Mitchell so he could call Cox’s supervisor and report the incident. After this conversation, the cell phone was handed back to Cox and the incident was over.
Judge Mitchell contends the entire incident lasted five to ten minutes, and that his actions were “objectively reasonable under established law.” He further asserts judicial immunity.
Criminal Charges
These events led to the State of Texas v. William Ross Mitchell, in which the State charged Judge Mitchell with official oppression in the U.S. District Court for the Western District of Texas in Del Rio.
On November 3, a grand jury of Uvalde County indicted Mitchell for “intentionally [subjecting] T. Cox, to arrest or detention or seizure that the defendant knew was unlawful.”
The State Commission on Judicial Conduct reportedly received notice of Judge Mitchell’s indictment on November 11 and suspended him without pay on November 18.
Such a suspension is common when a state judge is indicted for a felony or charged with a misdemeanor involving the judge’s official position. The commission “may vote to suspend the judge from office, with or without pay, pending the disposition of the charge.”
In the event of a suspension under these circumstances, the judge may request a hearing before the commission.
Both civil and criminal litigation against Judge Mitchell remain ongoing.
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