X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Teresa Watson appeals the trial court’s order granting a motion to dismiss her petition for a writ of mandamus seeking to require a superior court judge to produce a “log book” used for scheduling purposes. For the reasons that follow, we affirm. According to her sworn petition, Watson owns and operates a website devoted to local news in Floyd County, Georgia. In connection with that activity, she was sued for defamation in the Superior Court of Floyd County; Judge Walter Matthews presided over the case. Watson moved to dismiss the complaint filed against her and, according to Watson, Judge Matthews’s administrative assistant told her that a hearing on her motion to dismiss would be held on September 23, 2008. However, on September 8, 2008, without a hearing, Judge Matthews signed an order denying Watson’s motion. Watson alleges that she visited the Judge’s assistant in the Judge’s chambers and that the assistant produced a log book indicating that Judge Matthews had signed a rule nisi which scheduled a hearing date of September 23, 2008 for the motion to dismiss to be heard.

Watson has not caused a certified copy of the record in the defamation suit to be made a part of the record in this action, but she states in her mandamus petition that, in the defamation case, she subpoenaed the log book.1 Apparently, she has also filed requests under the Open Records Act, OCGA § 50-18-70 et seq., with the County Attorney and the Council of Superior Court Judges, attempting to gain access to the log book. These efforts did not result in the production of the log book, and Watson, acting pro se, filed this petition seeking a writ of mandamus to compel Judge Matthews to produce the log book, and a writ of prohibition to prevent him from “interfering with the Georgia Code right of Direct Appeal for Criminal Contempt actions . . . .”2 All judges in the Rome Judicial Circuit recused themselves from presiding over the case, and a superior court judge from another circuit was appointed to preside over it. Judge Matthews moved to dismiss the action; the motion to dismiss was granted without a hearing, and Watson appeals.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

WittKieffer is proud to partner with Mom's Meals in the search for their Director of Legal Affairs. Mom's Meals is an investor-owned compan...


Apply Now ›

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›