Difference between revisions of "Cobb County - Judicial Misconduct"

Jump to navigation Jump to search
(username removed)
(username removed)
Line 50: Line 50:
<blockquote>
<blockquote>
====''Curry v. Rivera et al.'' and ''Rivera v. Scharle'' - Cobb County Superior Court, Case Nos. 21-1-02536 & 21-1-01795====
====''Curry v. Rivera et al.'' and ''Rivera v. Scharle'' - Cobb County Superior Court, Case Nos. 21-1-02536 & 21-1-01795====
In June of 2021, Judge Robert E. Flournoy III was asked by way of motion to recuse himself from presiding over a custody case in which Tom Browning, founding partner of Browning & Smith who was Judge Flournoy's attorney in his 2010 custody case,<ref>[https://thewikilaw.org/wiki/images/c/cf/Flournoy_Browning_Conflict.pdf Cobb County Superior Court, Case No. 10-1-05727]</ref> longtime friend and campaign treasurer of Flournoy's, was representing an opposing party. The case was temporarily assigned to the Chief Superior Court Judge, Robert D. Leonard II to hear the recusal motion. That motion against Judge Flournoy was filed and plead by Cobb County attorney Matt McMaster on behalf of the father fighting for custody in that matter. Despite the known relationship between Tom Browning and Judge Flournoy, Judge Leonard denied the request for recusal and the case was assigned back to Judge Flournoy. A motion for reconsideration was subsequently filed against Judge Leonard's order and that matter is still pending. In December of 2021, attorney McMaster entered the 2022 Cobb County Superior Court Judge election race to challenge Judge Leonard.<ref>[https://mcmasterforcobb.com/why-matt Why I'm Running: The Lion's Den, mcmasterforcobb.com]</ref> Upon learning of McMaster's candidacy, Judge Flournoy and his wife Julie Flournoy dumped $4,400 into Judge Leonard's re-election campaign in January 2022.
In June of 2021, Judge Robert E. Flournoy III was asked by way of motion to recuse himself from presiding over a custody case in which Tom Browning, founding partner of Browning & Smith who was Judge Flournoy's attorney in his 2010 custody case,<ref>[https://thewikilaw.org/wiki/images/c/cf/Flournoy_Browning_Conflict.pdf Cobb County Superior Court, Case No. 10-1-05727]</ref> longtime friend and campaign treasurer of Flournoy's, was representing an opposing party. The case was temporarily assigned to the Chief Superior Court Judge, Robert D. Leonard II (a.k.a., Rob Leonard) to hear the recusal motion. That motion against Judge Flournoy was filed and plead by Cobb County attorney Matt McMaster on behalf of the father fighting for custody in that matter. At the hearing before Judge Leonard, attorneys Tom Browning and the Guardian Ad Litem in case Leslee Hungerford of O'Dell & O'Neal defended Judge Flournoy in front of Judge Leonard despite McMaster's objection to those individuals functionally serving as Flournoy's defense attorneys. Despite the known relationship between Tom Browning and Judge Flournoy, Judge Leonard denied McMaster's request for recusal and the case was assigned back to Judge Flournoy. A motion for reconsideration was subsequently filed against Judge Leonard's order and that matter remained pending until Flournoy voluntarily recused himself citing the [[https://mcmasterforcobb.com/why-matt McMaster For Cobb campaign website for Matt McMaster as candidate for Cobb County Superior Court Judge]]. It was later learned that Judge Leonard was good friends with Justin O'Dell In December of 2021, attorney McMaster withdrew from the case and entered the 2022 Cobb County Superior Court Judge election race to challenge Judge Leonard.<ref>[https://mcmasterforcobb.com/why-matt Why I'm Running: The Lion's Den, mcmasterforcobb.com]</ref> Upon learning of McMaster's candidacy, Judge Flournoy and his wife Julie Flournoy donated $4,400 to Judge Leonard's re-election campaign in January 2022.
 
Some time after January but before April 18, 2022, Julie Flournoy hired Leslee Hungerford


====''Ellis v. Grubbs'' - Cobb County Superior Court, Case No. 21-1-06837====
====''Ellis v. Grubbs'' - Cobb County Superior Court, Case No. 21-1-06837====
Conversely, on September 9, 2021, a Petition for Writ of Mandamus was filed against the Honorable Adele Grubbs along with a request for recusal against the entire Cobb County judicial circuit. That request was granted by the Chief Superior Court Judge, Robert D. Leonard II on September 24, 2021 and was ordered to be transferred to the 7th Judicial Court Administrator for further appointment to a Superior Court Judge outside the Cobb Circuit. Ironically, the 7th Judicial Court Administrator as of September 2021 was the Honorable Robert E. Flournoy III also of Cobb County Superior Court. In short, Judge Leonard handed the case to another Cobb County Superior Court judge to pick a judge outside of Cobb County to handle the matter. The petitioner in that case filed an immediate motion to recuse Judge Flournoy from the matter, which was subsequently granted by another administrative Judge, William T. Boyett, on September 27, 2021. The case was a day later assigned to the Honorable Joe C. Bishop.
Conversely, on September 9, 2021, a Petition for Writ of Mandamus was filed against the Honorable Adele Grubbs along with a request for recusal against the entire Cobb County judicial circuit. That request was granted by the Chief Superior Court Judge, Robert D. Leonard II (a.k.a., Rob Leonard) on September 24, 2021 and was ordered to be transferred to the 7th Judicial Court Administrator for further appointment to a Superior Court Judge outside the Cobb Circuit. Ironically, the 7th Judicial Court Administrator as of September 2021 was the Honorable Robert E. Flournoy III also of Cobb County Superior Court. In short, Judge Leonard handed the case to another Cobb County Superior Court judge to pick a judge outside of Cobb County to handle the matter. The petitioner in that case filed an immediate motion to recuse Judge Flournoy from the matter, which was subsequently granted by another administrative Judge, William T. Boyett, on September 27, 2021. The case was a day later assigned to the Honorable Joe C. Bishop.


While the District Attorney, as an agent of the Georgia Department of Law ("GDL"), would typically represent a Superior Court judge in defending against a writ of mandamus in the State of Georgia, the GDL declined representation of Judge Grubbs in this particular matter "due to a potential conflict" as outlined in [https://en.wikipedia.org/wiki/Brian_Kemp Governor Brian Kemp's] [https://gov.georgia.gov/executive-action/executive-orders/2021-executive-orders Executive Order dated September 24, 2021.]<ref>[https://thewikilaw.org/wiki/images/e/ec/09.24.21.01.pdf Brian Kemp, ''Executive Order'', (September 24, 2021)]</ref>, and three attorneys from the law firm Moore Ingram Johnson & Steele, LLP have been appointed to represent Judge Grubbs against the Petitioners. This case is still pending.</blockquote>
While the District Attorney, as an agent of the Georgia Department of Law ("GDL"), would typically represent a Superior Court judge in defending against a writ of mandamus in the State of Georgia, the GDL declined representation of Judge Grubbs in this particular matter "due to a potential conflict" as outlined in [https://en.wikipedia.org/wiki/Brian_Kemp Governor Brian Kemp's] [https://gov.georgia.gov/executive-action/executive-orders/2021-executive-orders Executive Order dated September 24, 2021.]<ref>[https://thewikilaw.org/wiki/images/e/ec/09.24.21.01.pdf Brian Kemp, ''Executive Order'', (September 24, 2021)]</ref>, and three attorneys from the law firm Moore Ingram Johnson & Steele, LLP have been appointed to represent Judge Grubbs against the Petitioners. This case is still pending.</blockquote>
(username removed)

Navigation menu