Longtime Cobb County State Court Judge Toby Prodgers has told friends and colleagues he plans to retire when his current term expires at the end of next year. By then, the U.S. Army Vietnam veteran will have served on the court for 25 years, including a term as chief judge, following 20 years in private practice.

"My current term expires at the end of 2020, so that is when I will be retiring," Prodgers said in an email Wednesday. "I will have been on the bench for 25 years (a quarter of a century!), and I will be looking forward to a new chapter of my life. I have been so fortunate to have been a part of the Cobb County legal community—which is the best ever."

As of Wednesday, at least two candidates had announced plans to run for the open seat in 2020. If past open judicial races in Cobb are a predictor, more candidates may be lining up.

Attorney and former prosecutor David Willingham and Cobb County Senior Assistant District Attorney Jason Marbutt are already in the race for the position Prodgers will leave open on the Cobb County State Court.

"Our judges have a legal and moral responsibility to ensure that courts are unbiased venues that respect the rights of all parties – the accused, plaintiffs, defendants – everyone.  We have to ensure that trials are conducted fairly and that justice is done in every case," Willingham said in a statement shared on Facebook.

David Willingham, The Willingham Law Firm, Marietta Ga. David Willingham, The Willingham Law Firm, Marietta, Georgia.

Willingham has his own firm, but previously served as an assistant district attorney.

"I have been a prosecutor and a defense attorney," Willingham said. "I know the difficult roles that our prosecutors have to fill when presenting the state's case. I also know the job our defense attorneys have ensuring that the accused's Constitutional rights are respected and protected. I've sat in both those seats, and I will bring that experience to the courtroom as a judge unlike anyone else."

Willingham pledged fairness and efficiency. "I know the frustrations in our civil justice system, for both plaintiffs and defendants," Willingham said. "I will let lawyers try their cases, and will not allow undue delay in the administration of civil justice.

Marbutt said he has handled thousands of cases ranging from DUIs to murder, and was honored by both chambers of the Georgia Legislature for his work protecting the elderly and disabled. Marbutt chairs the Cobb Elder Abuse Task Force. The DA's office named him "Assistant District Attorney of the Year" in 2018. He's also a coach for the Walton High School Mock Trial Team.

Jason Marbutt, Cobb County assistant district attorney/photo by Elizabeth B. Smith Jason Marbutt, Cobb County assistant district attorney (Courtesy photo: Elizabeth B. Smith)

"As a prosecutor, I've been in the arena of public service and have made the tough choices on how to best deliver justice for victims while also helping those who have made mistakes find redemption and lead lives of purpose," Marbutt said in a news release Wednesday. "This experience and my commitment to the Constitution will allow me to serve on the bench fairly, firmly, and with fidelity to the rule of law."

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