DALTON, Ga. — Despite possibly being drunk on the bench before being arrested for DUI, Whitfield County Magistrate Judge Kaye Cope’s rulings Saturday are not likely to be overturned, according to a legal expert with the University of Georgia School of Law.

Cope, 60, will resign effective the end of the business day Thursday after her arrest Saturday for driving under the influence and failure to maintain a lane. A Whitfield County Sheriff’s Office deputy pulled her over shortly after leaving the county jail after a court session of first appearance hearings.

It is at least the second time that Cope — a magistrate judge for 32 years — has been accused of being intoxicated while carrying out her duties. Last year, Chief Magistrate Judge Haynes Townsend filed a complaint with the Judicial Qualifications Commission that Cope was drunk at work.

But because Cope has submitted her letter of resignation to both Townsend’s office and to the Whitfield County Board of Commissioners, Rich Reaves, executive director of UGA’s Institute of Continuing Judicial Education, said judicial fallout from Cope’s rulings on Saturday or any further punishment from judicial circles is unlikely.

“There certainly could be questioning of it, but the questioning would have to be brought forward by those who thought they were adversely affected by her rulings,” Reaves said. “But because the standard of proof is so low (in a first appearance hearing), if the ruling is under the norm of standard practice, it is going to be tough to say her discretion was abused by the condition of her impairment. The only thing you would get would be a re-hearing on the validity of a bond hearing, and if nothing is out of the normal rulings, then it wouldn’t likely be overturned simply because she was intoxicated.”

An examination of limited information taken from the Sunday and Monday State Attorney’s Report of booking and releases by the Whitfield County jail found that no unusual bond amounts were ordered to those in custody.

Regardless of the DUI charge, Reaves said Cope had an ethical obligation to recuse herself from the bench if she was intoxicated while presiding over Saturday’s first appearance hearings.

“A judge — whether the impairment is alcohol or a pharmaceutical product, legal or otherwise, that is impairing them — the judge is supposed to monitor their activities and has a duty to recuse themselves when they can’t perform their duties,” Reaves said.

A copy of Cope’s letter of resignation was obtained by The Daily Citizen after a open record’s request was made to County Administrator Mark Gibson. In the letter addressed to Townsend, Cope does not mention her arrest or give any reason for her resignation.

“This is my notice to you and to Whitfield County that I am resigning and retiring effective the end of business on Thursday, June 30, 2016,” she wrote. “It has been my great pleasure to serve the citizens of Whitfield County as a Magistrate for many, many years and I will miss the camaraderie of working with so many wonderful Whitfield County and City of Dalton employees, as well serving the public of this wonderful county.

“I look forward to my retirement and all the joys that I will have with the extra time to find other ways to serve my fellow man,” she wrote. “It’s been great working with you and I wish you the best of luck in the future.”

Cope was pulled over Saturday after jail personnel noticed a strong smell of alcohol on Cope’s breath during the hearings. She was pulled over by a WCSO deputy and the Georgia State Patrol was called in to handle the investigation at that point, according to a GSP incident report.

Cope 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 about 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 for any video of the traffic stop from the WCSO and the GSP. Capt. Rick Swiney with the sheriff’s office said he denied the request based on the advice of District Attorney Bert Poston, who cited state law preventing the release of “records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution …”

However, law enforcement agencies are not prohibited from releasing photographic or video evidence in a case deemed to be ongoing. Law enforcement agencies release video or photographic images when it is used to assist in their investigation or to identify possible suspects.

David E. Hudson, legal counsel for the Georgia Press Association, said the issue of releasing video recordings has become complex with unclear laws and court rulings.

“This is a body of law that is in flux,” Hudson said. “We lawyers for the press have always contended that videos of traffic stops or apprehensions are not investigation records — they are records that are subsequently used in an investigation, and should be subject to public access.”

Hudson said rulings by the state Court of Appeals in two separate cases have both validated and restricted that opinion within the past year.

“It is my view that the dash and bodycam videos should be made public,” Hudson said. “But I doubt this is going to be enforced without more litigation to establish a clear requirement under Georgia law.”

The Georgia State Patrol offices in Atlanta acknowledged receiving records request on Tuesday morning by email but had not given a reply by early Tuesday evening. By law, most agencies have three days to reply to any records request.

Cope had already decided not to seek re-election after Townsend sent his complaint to the Judicial Qualifications Commission. Shana Byers Vinyard and John Lofty are in a July 26 runoff for the seat, and Townsend indicated on Monday he would like appoint the winner of the runoff to complete the remainder of Cope’s term this year.