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Sunday, June 30, 2024

Court Action

In May 2024 an Atlanta area probate judge gained notoriety with a decision by the Georgia judicial discipline system recommending her removal from office. See She Must Go (May 2024). The judge faced as lengthy an array of allegations of wrongdoing as any I have experienced, and I have been watching judicial discipline for many years. It is persistently an interesting process to watch.

The Atlanta Constitution said the commission concluded the judge was "a lying, impetuous bully who was not good at her job." It characterized the commission's conclusions as the judge being "utterly denounced." and that the judge "should be catapulted from office." It is fair to say that some of the press coverage was direct and even harsh.

Later in May, voters decided not to support the judge in her bid for re-election. The Atlanta Constitution headline said she was "ousted by voters." The result of the primary election loss most likely meant an end to her judicial tenure coming in months, following the expiration of her first term. 

The judge made the news again in June, at a birthday celebration in Atlanta. See Adjectives and Appearances (June 2024). The behavior described there is more akin to the exploits of three intrepid judges several years ago. See Conferences and Consequences (November 2019). Those three managed to get into some significant difficulties that devolved into violence.

Time and again, I have noted and warned that the world is full of video cameras. See Artificial Intelligence Surveillance (August 2020), Drones, Surveillance and Security (June 2021), and Surveillance, Conflicting Rights, and Balance (May 2021). Bottom line is that anyone outside of their home may be on camera at any moment, whether you know it or not.

As an aside, there is likely no place you are "safe" from cameras. See the ABC coverage of a child surreptitiously filmed in an airliner bathroom. Or, note the recent press allegations of a man with fake smoke detectors (cameras) installed in bathrooms in his home and Air BNB property. Cameras are truly ubiquitous. That is a generalism that is true. But if you encounter the police, the chances of body camera recordation are even higher.

The Douglas County judge has addressed her recent arrest at the birthday party and alleged that it was a "setup," according to the Atlanta Constitution. It is not clear who or how that allegation refers to. The nature of the "setup" will perhaps await a more detailed description or explanation. 

Nonetheless, it cannot be comforting to be persistently in the press. It is an uncomfortable world of conclusions and observations. Perhaps the press is kind in a piece, perhaps not so much. Criticism is likely always challenging, no matter the source. And the famous likely become acclimated to being always scrutinized. Without the fame and notoriety, any and every judge must likewise accept that they are under scrutiny 24.7.365. 

The Georgia Judge made the press yet again recently. Having been described by the commission as ready for removal, and having been arrested on video, she might have hoped to recede quietly from public view.

But, the end of June brought the Georgia Supreme Court decision that it would remove her from judicial office. Acting on the recommendations of the Qualifications Commission. She was removed "effective immediately, and prohibit(ed)...from holding any judicial office in the state for seven years," according to the Associated Press.

That is not surprising, nor unprecedented. Unfortunately, there are judges removed from office every year, and few face a litany of charges and allegations as lengthy as described here. Some will see redundancy in the Court action, removing a judge who has already failed re-election. But, the Court action is more immediate in effect than the election defeat, and more lasting. This judge is removed now, and cannot run for another post for several years. 

What is also notable, is that it is more public. There has been significant coverage of the Qualifications process in the Atlanta news. But the news of the Court's removal made it to such platforms as the Associate Press, MSN, Newsweek, and Bloomberg. Broad, national news coverage of the removal or a County Probate Judge. Some may wonder if a resignation would have garnered such attention. 

The Georgia Supreme Court opinion is not the easiest read. However, it is well worth the effort. The Justices analysis is poignant and compelling. The decision was unanimous. The majority opinion, to which there is a concurrence, led with a quote that bears repeating too often perhaps:
"[t]he judiciary's judgment will be obeyed only so long as the public respects it, and that respect will not long survive judges who act in a manner that undermines public confidence in their judgment and integrity.”
In the end, it will be troubling to some to read the news stories and the Court's conclusions. Nonetheless, there is guidance there for any judge regarding the Code of Judicial Conduct. The world of adjudication is no place for bullying or strained demeanor.