Monday, August 23, 2010

Georgia's Problem Judges

The Atlanta Journal-Constitution has this feature on what it calls the "rash" of Judges stepping down following at least the appearance of impropriety.  This is Bill Tropy and Bill Rankin's story:

"One [Judge] sent a message over Facebook to a criminal defendant, saying he’d give her behind-the-scenes advice on her case. Another was caught having sex in a parked car with the public defender assigned to his courtroom. Another inappropriately touched a prosecutor and investigator after they sat in his lap posing for a photo.

These were not defendants. All three were chief judges in their circuits with decades on the bench.  Since 2008, at least 16 judges across the state have resigned under duress, most recently two veteran chief judges from Cobb and Fulton counties. Some stepped down under a cloud of suspicion. Others left amid scandal or even outright criminality.

Allegations include sexual improprieties, harassment, voter fraud, giving state computers to family members and gross intemperance on the bench.  Why is there so much disorder in the courts?

'This is the worst rash of judicial misconduct I’ve ever seen,' said former Georgia Supreme Court Chief Justice Norman Fletcher.  'There have been far too many, and it doesn’t reflect well on the judiciary. You can’t explain some of this conduct.'

Judges haven’t just started misbehaving, court watchers say. The news of one sensational case after another has created a snowball effect, prompting more complaints being filed with the Judicial Qualifications Commission [the JCQ] to quicker resolutions.

This month, Cobb County Superior Court Chief Judge Kenneth Nix abruptly announced he would leave Oct. 6 and admitted he had 'flicked' the two women’s bottoms while they sat in his lap for a photo. The women countered in a public statement that it was no playful touch, it was a 'sex crime.'

In Fulton, State Court Chief Judge A.L. Thompson, on the bench 30 years, notified the governor by letter Aug. 5 that 'it is time to move on.'  Thompson insists he was not being investigated for malfeasance. But judges have long complained about Thompson’s absences, and electronic parking garage records provided to The Atlanta Journal-Constitution showed he came to the courthouse just 56 days in a seven-month period. Last week, Thompson issued a statement saying the JQC had not 'interviewed'  him nor had the JQC disciplined him. He declined to say whether he had met with a JQC investigator before announcing he would step down on Sept. 6. The judge, in an interview, noted health issues have long bedeviled him.

Superior Court Judge Frank Mills III, chief of the Cherokee County circuit, said judges have noticed the resignations. 'I think we’re all bewildered by it; we all talk about it,' he said. 'But most of these cases are not similar, so it’s hard to say there’s any trend.'

It’s not unusual for judges to make enemies, given the gravity of their decisions, such as assigning child custody and sentencing people to prison. Because judges are so powerful, few people are willing to file complaints against them.

'Think about the inherent nature of a judge; how many people will be critical of you?' asked Habersham County District Attorney Brian Rickman, who investigated one judge in his circuit and watched as another’s career disintegrated. 'Most people, like lawyers and court employees, try to keep you happy. There’s a danger of too many people trying to kiss your butt.'

But increased efforts by the JQC seem to be getting results.

'The recent spate of resignations is a radical difference from what happened five years ago,' said John Mrosek, a Fayetteville lawyer who twice ran unsuccessfully against Judge Johnnie Caldwell. The judge resigned this year following allegations he repeatedly sexually harassed a female attorney.

'How many people witnessed Caldwell and [Chief Superior Court Judge Paschal] English doing what they did and turned a blind eye?'  Mrosek asked. 'Once there’s a psychology of not following the rules, it pervades everything.'  English resigned abruptly in April amid revelations he was having an affair with then-public defender Kim Cornwell, who had hundreds of cases before the judge.

Both Caldwell and English resigned soon after meeting with JQC investigator Richard Hyde.

A year ago, Hyde, a former Atlanta police detective, was given authority by the JQC board to confront judges with allegations and his investigative findings and negotiate a quick resignation if warranted.   That was the case in the resignations of Caldwell and English, Mrosek said. '[The JQC] came in, pointed a pistol at them and said, ‘Easy way or hard way.’

Hyde, he added, 'is traveling around the state collecting scalps.' Hyde declined comment.

Most judges choose to resign when confronted rather than go through the embarrassing process of having the commission bring formal, and public, charges against them. If they resign, the allegations often remain secret, which has brought criticism of the agency.  Some judges fight the charges and go to trial, with the Georgia Supreme Court issuing a final opinion. In the case of Twiggs County Probate Judge Kenneth Fowler, witnesses at his trial said Fowler swore at defendants, ordered parties to 'shut up,' referred to African-Americans as 'colored'  and required defendants to prove their innocence.

'His ignorance of the law is inexcusable, and his abuse of his judicial office unacceptable,' the state Supreme Court said in June, removing Fowler.  The commission has been increasingly aggressive since 2008, when South Georgia judges Brooks E. Blitch III and Berrien Sutton resigned after the JQC brought corruption charges against them.

'That has heightened the interest in the role of the JQC,' said Robert Ingram, a lawyer and one of the JQC’s seven commissioners. 'I think that leads to more cases being filed. People who may have had a complaint may have thought the JQC would [now] take it seriously.'

Some complain the JQC acts too slowly. Joe Hendricks, a district attorney in North Georgia, said that it took almost 10 months for the agency to bring formal counts of misconduct against Superior Court Judge Oliver Harris 'Harry' Doss Jr. He was accused of taking state computers for his family, insulting and threatening court staff and repeatedly failing to rule on cases, backlogging the system.

JQC probes are secret, “but a lot of people at the courthouse were aware of the investigation because several people were questioned,” Hendricks said. 'This hung over our heads for nine of 10 months. Those months were very difficult. ... There’s kids awaiting a decision on their custody, defendants waiting for a trial. There’s too many lives hanging.'

The judge resigned in December. Hendricks said that, with Doss no longer on the bench, senior judges closed 1,314 cases the first half of 2010, 302 more than the same time last year with Doss on the bench.

Ingram acknowledged the system can be slow, but noted the JQC has an annual budget of about $250,000 and a state judiciary with more than 1,800 members. 'I think Georgia’s budget is the smallest of all 50 states when compared to the number of judges,' he said.

Muscogee Superior Court Judge John D. Allen, the JQC’s vice chair, expects the number of judges leaving abruptly will 'play out for a period of time.'  But the publicity might prompt some wayward judges to clean up their act.  'It’s not a message we’re trying to send. But, yeah, it’s a deterrent.'"
____________________________________________

List of judges stepping down since 2008

● Clinch County Superior Court Judge Brooks Blitch, who resigned after being accused of overseeing illegal payments to employees and ordering the early release of inmates.

● Woodstock and Marietta municipal Judge Diane Busch, who resigned after being charged with furnishing alcohol to teenagers, stemming from a Christmas party at her home.

● Fayette County Superior Court Judge Johnnie Caldwell, who resigned after being accused of making rude, sexually suggestive comments to an attorney.

● Superior Court Judge James Cornwell Jr. of the Mountain Judicial Circuit, who resigned after allegations he went to Las Vegas with a woman whose divorce he signed; took his underage son to a strip club; and waited three hours before reporting he wrecked his SUV.

● Fayette County Chief Superior Court Judge Paschal English, who resigned amid disclosures he was having an affair with a public defender assigned to his court. A deputy found them having sex in a parked car.

● Twiggs County Probate Judge Kenneth Fowler, who was removed for requiring criminal defendants to prove their innocence and having defendants “buy out” of their community service by making deposits into a bank account he controlled.

● Cobb County Chief Superior Court Judge Kenneth Nix, who resigned after being accused by a county prosecutor and investigator of inappropriately touching their bottoms.

● Chattooga County State Court Judge Carlton Vines, who resigned after being indicted for voter fraud. He already had been suspended after a DUI arrest.

● Chief Superior Court Judge Ernest “Bucky” Woods of the Mountain Judicial Circuit, who resigned after being accused of contacting a female criminal defendant through Facebook.
_____________________________
I was born in Valdosta, Georgia.  Naturally, I've been defensive about the South throughout my education.  I strongly admired Judge Griffin Bell who served as attorney general under President Carter.  Recently I had the pleasure of cycling with a diabetes researcher from Savannah and we talked about beautiful Georgia. My travels throughout the South in my lifetime are some of my most cherished memories.  But there is also this ridiculous aspect to the South and its jurisprudence like the flamboyant Dickie Scruggs corruption scandal in Mississippi; the law makers in Tennessee who aren't going to be happy until every yahoo in a bar is armed, and of course the Georgia judges.

In reality, none of this has anything to do with the South as such, the problem of bad judges is something you read about on Bad Lawyer week in and week out.  Being a good judge is a magnificent thing--there is no doubt that throughout Judeo-Christian history the story of Judges, good and bad, supply content for the Torah, Talmud, New Testament, all  of western literature including great Operas and film.  A judge has tremendous power and commands great respect, consequently, there is a zone of artificiality around a man or woman occupying the position as even people who know better act in ways that are ingratiating.  A humble person in the position of Judge is able to transcend this bubble in their normal affairs and put persons at ease. 

The larger problem is the one that can simply be traced back to ego run wild.  A person referred to as "your honor," both expressly and in myriad subtle ways can unconsciously fall victim to the illusion that this status lifts them apart from humanity.  There was a former OurCounty Judge, Judge Full O Self, with an office in the suite of offices that I shared in my first couple of years in private practice.  This "Judge" never abandoned the title of "Judge" going so far as to advertise in giant font in the Yellow Pages as:  Judge Full O Self.  In the decades before the cell phone,by prearrangement with his secretary, Judge Full O Self would have himself paged at casinos in Vegas and Atlantic City during various Bar Association junkets.  According to friends who were there, he thrilled to hear, "paging Judge Self" over the casino public address system. 

None of this matters, in reality if the person with the power and glory of Judge is a a wise and merciful jurist.  Where this breaks down is when as we see in Georgia, petty tyrants have the power to take and grant liberty, property, and dignity from others.  That , of course, is when the rubber meets the road.  God bless, the judge with ego in check and the capacity for genuine wisdom--it matters not one whit to me whether that judge arrived at the exalted place by election or merit selection, by accident or destiny.

59 comments:

  1. Great story but what is that drivel at the end of the post?

    ReplyDelete
  2. "Circus Judges"- Horace Rumpole

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  3. badlawyer,

    you are writing a great blog and this is an important story, but should judges be elected or appointed? what say you, sir?

    ReplyDelete
  4. "Paging Judge Adrian Fink . . ."

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  5. Adrian-who?

    On the election versus selection of Judges, I am very wary of selection or merit selection, simply because it its truly undemocratic; while there are some safeguards that can make the process a little more democratic; the purely elective system with many exceptions has proven a disaster in my opinion. In theory such a system operating on voters deciding the merit of lawyers running for judge has resulted in name-games, and corporate purchase of judicial slots. This blawg has an endless stream of stories about Judges and Justices from states that elect their jurists.
    BL

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    Replies
    1. How can one file a complaint against a judge?

      Delete
  6. You should have seen Caldwell on the bench. The other ugly side of this case is that JQC, the agency that handles judicial ethics complaints, is squeezing judges to step down and operates in an environment of absolute secrecy, which deprives the public of information about misconduct that could have an impact on cases and the judges to due process -- yes, even they should have some due process.

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  7. VOTE NO TO RETAIN GEORGIA JUDGES - ESPECIALLY IN LOOKOUT MOUNTAIN JUDICIAL CIRCUIT - JUDGE RALPH VAN PELT AND JUDGE JON BOLLING "BO" WOOD...SAVE GEORGIA'S FAMILIES! http://www.facebook.com/home.php?sk=lf#!/pages/VOTE-NO-TO-RETAIN-LOOKOUT-MOUNTAIN-JUDICIAL-CIRCUIT-JUDGES-GEORGIA/138026049560201?ref=ts

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  8. At least there is some collection and acknowledgement that GA does not operate in any legal or honorable manner. Rest assured it has become a scar upon the south without question, which you cannot dismiss nor discount. If judges are not acting in accordance, there should be or must be the imposition of 'checks and balances,' upon which our nation was allegedly founded! Why hasn't the entire supreme court of GA and the JQC, along with the GA FBI Office been turned out like the Secret Service members more concerned with illegal activity than being part of anything that is regarded as just or right. My husband (a retired military officer) and I were victimized by a judge aided and abetted by politicians (www.ricegang.com), that put the judge in power. Who would I be speaking of....Judge Adele Grubbs serving with Judge Ken Nix in the Cobb Circuit...appointed by Presidential Candidate NEWT GINGRICH....the lobbying to the government running housing lender, that has bankrupted our nation. The papers REFUSED to right about the matter....the Supreme Court refused to uphold the matter...the Governor's Staff covered the matter up, and then Governor Perdue's lawyer henchman was appointed to the Supreme Court, under Justice Leah Sears, who helped to cover up former Judge Fred Tokar's money laundering schema, perpetuated and participated in by judiciary members! Did I mention Grubbs was on the JQC Board...so as you submit complaints...where do you think that is going? Yeah there's a REAL story that lives, breathes, and grows like wildfire, leaving countless victims in the wake, but as Chip Rogers (GA Legislator) said, "There's nobody who will get in front of that train." Thus families, women, and children, will continue to be tied to the tracks. Stay the hell out of this God forsaken state, and KNOW it is 1 stop short of hell. The law doesn't matter here, and gang members wear robes, along with their suited enablers. You will have NO property rights in this state, as you are 1 stop short of hell. Just ask authors like Steve Oney, (And the Dead Shall Rise), R McDonald (Secrets Never Lie), or Rich Whitt (Behind the Hedges)....oh that's right, you can't ask Whitt (a neighbor of Grubbs), as he suddenly died immediately after his book was published.......Welcome to GAWGIA...the state and Legal System, that can neither be justified, accepted, or forgiven! For all associated members of the elected body and judiciary bear the burden of the aforementioned sins. May God have mercy on those made to ILLEGALLY suffer! Taffy Rice

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    Replies
    1. I couldn't of worded this any better than you have- it's unbelievable that this kind of tyranny still exists in America- and this is just the tip of the iceberg! STAY OUT OF GA!

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    2. You want to live in a judicial mess, move to Bulloch County (Statesboro) Georgia. Not only are some of the judges crooks in the first degree, the lawyers here are all crooks. The lawyers promise you all these promises and charge you a big fee for the service. You wind up doing all of the research and collecting of information for your trial. Then when you get to court, your lawyer is so sorry they have lolly gagged around all morning and your case doesn't start until lunch time. By then, even the court reporter has left. The judge allows the opposing party to speak like they are a lawyer because they don't have one. Your lawyer has already made the judge mad because he has tried to get a different judge and this judge found out about it. So, in about 5 minutes after court starts with your case, the judge dismisses your case not even have listened to your case. Your lawyer goes back to his office and pretends to prepare papers for the two parties to agree on not letting you know what is going on. Then, after two months of not hearing anything, you fire your lawyer. Your lawyer sends the court papers that he is withdrawing from your representation (not that he has been fired) and a bill for postage and talking to a lawyer that was hired after court by the other party. The lawyer didn't even inform you that he was talking to a lawyer for the other party....he just sent you a bill.
      The hired lawyer did absolutely nothing, but you have paid him for his services and now you are receiving another bill for services you didn't even know was going on.
      So, welcome to the Bulloch County judicial system. The biggest farce and joke you will ever meet.
      I could tell you another story, just as crooked as this one.

      Delete
  9. This state has ruined so many peoples lives through corrupt judicial practices.
    Practices that should have been abolished back centuries ago.
    But people are scared and don't know what to do most of the time.
    With the Judicial Qualifications Commissions, I would think that they would defend their buddies who are judges and no one would be disiplined for their criminal actions since they are of the same cloth.
    There is a judge who resides in Forsyth County who is a chairman on the board of directors of a bank, he owns many propeties, businesses and probably a lot more than anyone even knows about.. now what does that tell you?
    If you know the right people, you can make a campaign donation to this judge and he swings his decision in your favor.
    This same judge has had proof and written documents sitting right in front of him and completely igonored the evidence and sided with the person who donated to his next election. Now is this lawfully correct? Or is this against The Constitution of the United States?
    A court signed document from a judge is a legal and binding contract and should be upheld in a court of law, but with this judge from Forsyth County Georgia, this does not apply.
    There has been rumors flying for years about how you can pay off this judge, and then one day I seen this judge in action and he did indeed side with the defendant who has been known to brag how he has paid off this judge to swing the court ruling in his favor. I seen this happen right in front of my very eyes, so what would be the procedure from here?
    By the way this judge swayed a case as where this defendant had 24 contempt charges against him,the judge ruled in favor of this defendant as not guilty and slammed the opposing party with fines and penalties.
    The opposing party had 0 contempts and had evidence of these contempts that the judge would not even look at before making his judgement.
    As far as electing a judge, well as stated above, if you have the right amount of money and you are in the good ol boy network. then it is not fair that these type of people should even be allowed to practice any type of law for the corruption and ruined lives that they have cause communities. These judges have ruined families and children without a care in the world and without any morals. Should these people without any morals be allowed to pass judgement on anyone else? I think that they need a taste of their own medicine and go up against a judge who has no morals, and that their prime objectives are money and power and put them in a place of turmoil like they have done to so many others. Most of them say that they are Christains, but in reality they are nothing but pure evil.
    There is even a blog on the internet that tells everyone that Forsyth County is corrupt, yet nothing is ever done about it.
    If anyone has any suggestions on how to proceed with this type of corruption ...please leave a detailed answer after this letter, or better yet, if anyone has had to face this corrupt judge in Forsyth County Georgia please leave a detailed message.
    Forsyth Counties message to the people of Georgia..."Forsyth County, ruining peoples lives for over 25 years"!!!! Welcome to the hell....

    ReplyDelete
    Replies
    1. Where do I reply? I need help. Soon. We have to work together.

      Delete
    2. Foe some strange reason, Henry Cty hasn't been mentioned on yet that I know of- Forsyth Cty ain't got sh*t n Henry, trust me- they are the WORST, the breeding-grounds for ALL of these good ole boys- and if one tries to get the JQC involved, they will just turn on you just as well- its sickening

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    3. I will be going after the judge its time to fight back if any one has neef wrong doing in cobb county ga please help take a stand with me

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    4. MAJOR problems exist in this state indeed. For those who have experienced injustice in FORSYTH county please contact me. Working with a group to take action and we need you and your stories. By numbers we can demand changes!
      Loulouchicka@gmail.com

      Delete
  10. judeo-christian are two monotheistic religions. they are as distinct from each other as they are two islam. there is no "judeo-christian" anything.

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  11. AnonymousAugust 5, 2012 at 11:48 PM--

    I agree with you 200%. I live in Forsyth and I am experiencing this hell hole. Get out now before its too late. Leave the county to the good ol boys.

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  12. This report forgot to mention the unhonorable Rooney Bowen of Dooly county. This dirtbag delights in finding Combat veteran marines recently returned from combat zones In Iraq and Afghanistan and having them and their wives ripped from their crying childs arms and thrown in jail until they pay him 500 dollars. After your loved ones pay that ransom for the freedom those Marines had already earned through combat, this terrorist admits there was no crime and that it was an honest mistake. No repurcussions because of judicial immunity even though your whole family is traumitized and your children now consider the police as evil as the taliban their father was fighting. No it's all okay because the nasty judge didn't maliciously cause this mayhem and upheaval. It was just some mismanagement and incompetence. It's okay. Yeah right. And of course we never got our 500 dollars back. If anyone else in the world had tried this they would have Been the criminals. I will be contacting Jqc about this monster ASAP.

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  13. I just had the worst experience in Forsyth County. It was unbelievable. The corruption has got to stop. So many young lives have been ruined.

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  14. Forsyth County judges are all crooked. Using the court ordered programs to put fees into their own pockets.

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  15. demorest attorney Bruce Harkness, former city councilman and former candidate for state office, caught on camera in drug sting. red handed as heck. no night in jail, quickly bonded out and allowed to go to who knows where, but posted all over facebook about travels to West usa with his girlfriend. allowed to enter a plea, after being charged with 6 different felonies, to a paltry misdemenor. slap on wrist and off to italy to get married. no loss of law license or seizure of money. claims he gave pain medications to an old ex girlfriend. of course he did, thats why he referred to those pills as "candy" in all of the survellance tapes. johnq would still be in jail, waiting on a bond to get set.

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    Replies
    1. I could not agree with you more. I was outraged by the treatment Bruce Harkness received from our so-called judicial system. Do you know who the Judge was in this case?

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  16. Judge Osborne in Paulding County has a long history of being bias against women. He is known to take custody of children regardless of the situation. He blames the victims in abuse situation. He and his daughter were recently all over the news for their scam in the election. He will FINALLY be out of the office January 2015! Instead of a legacy, he is shamed.

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  17. Judge Beavers from Paulding County is no better than Osborne. Paulding is one of the most corrupted, "good ole boy" counties in the nation.

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  18. Paulding county is crooked as they come and have failed to realize whats happening today, HEROIN ..... Please someone help them remove their heads out of their ass.

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  19. Check out the Rockdale County Probate Judge who is under criminal investigation for 5 felony counts and is still on the bench..

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  20. Rockdale County citizen who the Judge allegedly forged his name on an invoice to steal money from the water company, has been protesting in front of the courthouse. They have proof the Judge is definately involved and may have committed the crime, but still allows him to sit on the bench... The judge is facing forgery, fraud, and possibly other felony criminal charges. ..HES STILL ON THE BENCH

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  21. I guess I am completely perplexed how this attorney still has her licenses to practice in the state of Georgia.
    Guess the buddy system works for crooked attorneys. No complaint or investigation in the Georgia Bar either. hmmmmm



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  39. here is judge grubbs personal email: and her clerk: cobb county contact info:

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