Judge takes the law into his own hands--Summarized by Student Israel Coleman

In the case of INQUIRY CONCERNING Judge Kenneth E. FOWLER, 696 S.E.2d 644 (Ga. 2010) , the Supreme Court of Georgia held that a judge’s pattern of misconduct, both before and after the hearing on the formal charges against him, warranted permanent removal and prohibition from judicial office based on violating Canons 1, 2, 2(a), 2(b), 3, 3(b)(2) and 3(b)(4). The Court found that Judge Fowler wrongly told criminal defendants in the Twiggs County probate court on a regular basis that proving their own innocence was their burden. He gave criminal defendants the chance to “buy out” the community service portions of their criminal sentences, and deposited monies received from defendants in a bank account. Judge Fowler then failed to inform or turn over the funds to the Twiggs County governing authority. Judge Fowler also routinely initiated and invited ex parte communications. In addition, the Judge exceeded his authority as a probate judge by disposing of criminal cases. He issued court orders against the sheriff or other lawful custodians of inmates prohibiting them from Twiggs County. He involved himself in matters before his court improperly and using the prestige of his judicial office, prevented local law enforcement from awarding “good time” to criminal defendants, in accordance with a Georgia statute. People unqualified to be interpreters served as interpreters under his supervision.

“Canon 1. Judges shall uphold the integrity and independence of the judiciary.” “Canon 2. Judges shall avoid impropriety and the appearance of impropriety in all their activities.” Canon 2(a) specifically provides that “Judges shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” Canon 2(b) provides in relevant part that “Judges shall not lend the prestige of judicial office to advance the private interests of the judge or others.” “Canon 3. Judges shall perform the duties of judicial office impartially and diligently.” “Canon 3. Judges shall perform the duties of judicial office impartially and diligently.” “Canon 3(b)(2) specifically provides that “Judges shall be faithful to the law and maintain professional competence in it.” Canon 3(b)(4) Specifically provides that “Judges shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom they deal in their official capacity, and shall require similar conduct of lawyers, and of staff, court officials, and others subject to their direction and control.”

Find the case at: http://www.gasupreme.us/sc-op/pdf/s10z1144.pdf