Most Judges Don't Survive Ethics Violations—But These 3 Did
During a 15-month period, nine judges have had their ethical misconduct cases disposed. Of these, two remained on bench. A third resigned, but later became a senior judge.
April 07, 2022 at 12:46 PM
10 minute read
Judicial EthicsWhat You Need to Know
- Between January 1, 2021 and March 31, 2022, nine judges had their Judicial Qualifications Commission of Georgia misconduct cases disposed.
- Judges resolved JQC probes by consenting to judicial discipline or resigning the bench.
- A third of the judges remain on or able to access the bench.
(Credit: Maxim Maksutov/Shutterstock) Between Jan. 1 2021, and March 31, 2022, the Judicial Qualifications Commission of Georgia investigated allegations of judicial misconduct in ethics complaints against eight Peach State judges. During the same 15-month period, nine other judges have had their ethical misconduct cases disposed. Of these, Crawford County Chief Magistrate Judge Cary "Buddy" Hays III and Atlanta Municipal Court Judge JaDawnya Baker remained on the bench. A third, former Augusta Judicial Circuit Chief Judge Carl Brown, resigned but later became a senior judge.
Judges With Disposed Charges Between January 2021 and March 2022
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David Brown
In March, three Georgia judges dissolved pending JQC investigations around alleged violations of the Georgia Code of Judicial Conduct. Henry County State Court Judge David B. Brown submitted his resignation to Gov. Brian Kemp on March 30 to resolve his judicial misconduct probe with the JQC. Brown had been qualified to run for reelection in the May 24 nonpartisan primary election, and had cases docketed through April 11 at the time of his resignation. It's not yet clear what ethical misconduct Brown allegedly committed that led to the 2021 ethics complaint, but what is apparent is that he won't be returning to the bench. As part of his agreement to resolve judicial conduct violations including a "failure to be truthful during the course of the JQC's investigation," Brown agreed to resign and refrain from seeking, requesting or accessing any elected or appointed judicial office in the future. |
Cary Hays
Meanwhile, Crawford County Chief Magistrate Judge Cary F. "Buddy" Hays III resolved three counts of judicial conduct violations alleged against him by appearing for a public reprimand in Crawford County Superior Court on the afternoon of March 23. Hays' open court reprimand followed an unpaid 30-day suspension from the bench. The discipline resolved formal charges submitted to the JQC Hearing Panel after Hays physically assaulted a restrained inmate in December 2020. Agreeing on Hays' sanction hadn't been a unanimous endeavor for the Hearing Panel. Citizen member Richard L. Hyde of Balch & Bingham in Atlanta dissented the recommendation, disagreeing with the majority's sanction selection. "For 50 years the mandate of this commission has been to educated judges and protect the public," Hyde wrote. "This proposed agreement does neither." The Georgia Bureau of Investigations opened a criminal investigation into the incident in February, but the Crawford County District Attorney's office decided not to pursue criminal charges against Hays, according to a news report. He remains Crawford County Chief Magistrate. |
JaDawnya Baker
Days prior to Hays' public reprimand, the Supreme Court of Georgia also approved a public reprimand recommended by the JQC Hearing Panel for Atlanta Municipal Court Judge JaDawnya Baker on March 21. Baker consented to the discipline December 20, 2021 in connection with 16 counts of judicial conduct violations alleging she improperly dismissed cases before her, used court staff to run personal errands and verbally and mentally abused court personnel. "The Court hereby designates the Honorable Christopher S. Brasher, Chief Superior Court Judge for the Atlanta Judicial Circuit and District Administrative Judge for the 5th Administrative District, to impose the public reprimand on Judge Baker in person in open court in the Superior Court of Fulton County, at a time to be set by Chief Judge Brasher," the Supreme Court of Georgia order approving Baker's public reprimand read. "The director is ordered to present a proposed reprimand modeled on the court's opinion to Chief Judge Brasher for approval within 10 days of this order. After the public reprimand has been imposed, Chief Judge Brasher is directed to file a certification to that effect with this court." When Baker's public reprimand at Fulton County Superior Court will take place has not yet been publicly announced. |
Steven Teske
Last September, Clayton County Juvenile Court Chief Judge Steven C. Teske retired from the bench to resolve his pending judicial misconduct investigation. Teske's alleged to have violated several judicial conduct rules by making "social media posts that amounted statements of public support for certain political positions and which could have negatively impacted public confidence in Judge Teske's ability to remain independent and impartial," according to the disposition report submitted to the Supreme Court of Georgia on October 4, 2021. As part of the agreement, Teske consented to refrain from seeking a Georgia judicial office, including senior judge status, in the future. Teske went on to accept employment in Tucson, Arizona, with the Pascua Yaqui Pueblo Nation Prosecutor's Office, according to the State Bar of Georgia's member directory. |
T.J. Hudson
Former Treutlen County Chief Magistrate and Probate Judge Torri "T.J." M. Hudson resolved a pending JQC probe when he resigned April 19, 2021 in order to run for a non-judicial office. With his sights set on becoming Georgia's next secretary of state, Hudson's consented agreement signed June 28, 2021 dissolved judicial misconduct allegations that he improperly required an individual to appear in court, held a contempt hearing and improperly required the individual to serve jail time in violation of ten code of judicial conduct rules. Under the deal, Hudson agreed not "to seek, request or accept an elected or appointed judicial office for seven years." Five months later on March 8, Hudson qualified against two other Republican candidates challenging incumbent Georgia Secretary of State Brad Raffensperger in the May 24 nonpartisan primary election.
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Carl Brown
When former Augusta Judicial Circuit Superior Court Chief Judge Carl C. Brown stepped down from the bench on June 30, 2021, his resignation had already been two months in the making. Brown submitted his resignation to Gov. Kemp on April 30, 2021 to resolve a pending JQC investigation alleging he violated rules concerning nepotism and favoritism, attempted to improperly influence decisions and inserted himself into a plea negotiation process. But in his resignation letter to the governor, Brown attributed his departure to a desire to "place more focus on [his] health and family," before requesting he be appointed to senior judge status. Unlike other judges who'd resigned to resolve pending JQC investigations, the judicial watchdog allowed Brown the opportunity to seek senior status, but under strict conditions. "Judge Brown may, upon and after retirement from the Superior Court of the Augusta Judicial Circuit, seek appointment as a senior superior court judge pursuant to the laws of Georgia," Brown's consent agreement read. "Judge Brown agrees, however, that he will not seek, request, or accept any other elected or appointed judicial office in the future. Further, if properly and legally appointed as a Senior Superior Court Judge, Judge Brown may not accept or exercise any administrative nd/or supervisory duties and involvement related to any other level of court in the Augusta Judicial Circuit, including but not limited to the Juvenile Courts and Magistrate Courts of the counties in the Augusta Judicial Circuit." Kemp honored Brown's request, appointing him senior judge status on July 16, 2021. |
William Wigington
Before trading his black robe for a prison jumpsuit, William "Allen" Wigington agreed to resign from his dual roles as Pickens County chief magistrate judge and associate probate judge. By signing a consent agreement February 18, 2021, Wigington resolved a JQC investigation into allegations he committed crimes involving felony theft by taking, misuse of a government issued credit card and oath of office violations. In exchange for the resolution, Wigington agreed not to seek, request or accept an elected or appointed judicial office in the future, nor seek an appointment as a senior judge on any court. Instead, the former judge soon found himself on the opposite side of law. Having racked up 44 felonies and five misdemeanors, Wigington received a five-year prison sentence and 10 years of probation at a May 27, 2021 sentencing. Senior Superior Court Judge Tambra P. Colston also ordered Wigington pay $17,485 in restitution. |
Don Taliaferro
After six years of service on the bench, former Spalding County Magistrate Judge Don Taliaferro agreed to hang up his robe and return to private practice at the end of 2020. In exchange for his voluntary resignation, the JQC disposed of its pending investigation into the judge's alleged judicial misconduct violations on January 20, 2021. The ethics investigation centered around Taliaferro's alleged violation of eight Code of Judicial Conduct rules. Taliaferro allegedly attempted to engage in an improper relationship with a female litigant that appeared before him in Spalding County Magistrate Court in a dispossessory matter, according to the disposition report submitted to the Supreme Court of Georgia. The report also alleged Taliaferro exploited the prestige of his office to further his private interests involving the female litigant and subsequently presided over a bond hearing in an unrelated matter involving the same female litigant without disclosing his prior connection to her to the parties involved in the proceeding. In exchange for the investigation resolution, Taliaferro agreed not to seek, request or accept an elected or appointed judicial office in the future, nor seek an appointment as a senior judge on any court. |
Brandon Heath
At the start of 2021, former Haralson County Chief Magistrate Judge Brandon Heath disposed of his JQC probe nearly four months after resigning from the bench. Heath stepped down amid allegations of a dozen judicial conduct violations. "Heath violated the Code of Judicial Conduct in a number of ways, including inserting himself into the investigation of an acquaintance, improperly using the prestige of his office to obtain information in that investigation which was unrelated to his job as Chief Magistrate Judge, improperly issuing arrest warrants, and intemperate behavior on the bench," according to the consent agreement signed by Heath January 12, 2021. After nearly a dozen years of service as chief magistrate, Heath agreed not to seek, request or accept an elected or appointed judicial office in the future, nor seek an appointment as a senior judge on any court in exchange for the investigation resolution.
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