Difference between revisions of "Cobb County - Judicial Misconduct"

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 ("GAL") defended Judge Flournoy in front of Judge Leonard notwithstanding 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 finally 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] on April 25, 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 ("GAL") defended Judge Flournoy in front of Judge Leonard notwithstanding 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 finally 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] on April 25, 2022.  

A hearing on all pending motions in Rivera v. Scharle, Case No. 21-1-01795, was scheduled for April 18, 2022. But at that hearing during pre-trial discussion in open court, the GAL argued that the hearing was only for an alleged "contempt" motion against the Father, Jonathan Rivera. Judge Flournoy subsequently disclosed that his wife, Julie Flournoy, hired the GAL as her probate attorney and Flournoy then asked the Father if he would like Judge Flournoy recused from the case. The Father declined to have Flournoy recused for that hearing. The GAL was excused from the courtroom before the hearing began because she was not material to that particular issue. During the hearing, Judge Flournoy declined to rule on the alleged contempt motion in light of the Father's bankruptcy payment plan and advised the Mother's attorney, David Canale, to lift the bankruptcy stay. Mr. Canale repeated multiple times that he was not a bankruptcy attorney and Judge Flournoy continued to provide him guidance on the matter. The parties were excused and the case was continued. The very next day, on April 19, 2022, the Father emailed Judge Flournoy's staff attorney requesting that Judge Flournoy recuse himself from all further proceedings in light of his conflict of interest with the GAL.

A hearing on all pending motions in Rivera v. Scharle, Case No. 21-1-01795, was scheduled for April 18, 2022. But at that hearing during pre-trial discussion in open court, the GAL argued that the hearing was only for an alleged "contempt" motion against the Father, Jonathan Rivera. Judge Flournoy subsequently disclosed that his wife, Julie Flournoy, hired the GAL as her probate attorney and Flournoy then asked the Father if he would like Judge Flournoy recused from the case. The Father declined to have Flournoy recused for that hearing. The GAL was excused from the courtroom before the hearing began because she was not material to that particular issue. During the hearing, Judge Flournoy declined to rule on the alleged contempt motion in light of the Father's bankruptcy payment plan and advised the Mother's attorney, David Canale, to lift the bankruptcy stay. Mr. Canale repeated multiple times that he was not a bankruptcy attorney and Judge Flournoy continued to provide him guidance on the matter. The parties were excused and the case was continued. The very next day, on April 19, 2022, the Father emailed Judge Flournoy's staff attorney requesting that Judge Flournoy recuse himself from all further proceedings in light of his conflict of interest with the GAL.