Difference between revisions of "Karma prevails and Recusal Motion ensues"

“This was the second time Judge Leftridge has gone out of her way to interfere with my client’s right to a fair trial by jury” said Marietta Attorney [https://mcmasterlegal.com/about_us.html Matt McMaster]. “In September, I identified what appeared to be a bad situation for my client with this particular judge and the opposing counsel, so I demanded a jury trial which is a Constitutional right in order to take the role of fact finding away from the judge’s hands.” Jury trials are a useful remedy and tool in a civil action for when you don’t believe that your assigned judge will be impartial. “There were a few clues that led me to believe we weren’t going to get a fair hearing,” said McMaster.

Just four days before the date set for the jury trial, the judge’s staff assistant informed the parties that there would not be a court reporter available to transcribe the proceedings and that they could not continue the trial for another date even if the parties were unable to secure their own court reporter in time. “The judge was basically putting herself in a position of power to manipulate the outcome of the jury trial and we would have no transcript for an appeal,” McMaster explained. “Both the right to appeal and right to a fair trial by an impartial jury are safeguards against judicial impropriety.”

The plaintiff-landlord (client of Hall Booth Smith) requested from the Court a release of all funds held in the Registry at around 5:20 PM on December 20, 2022 and, without a hearing, the judge entered the order releasing the funds at 11:03 AM the very next morning (on December 21) with over $40,000 of those funds still in dispute for a jury to decide ownership of. “I’ve seen my fair share of malfeasance on the bench in many [Georgia] counties so, while this situation isn’t overly surprising, it’s still disheartening and puts me in a bad position having to ask the judge to recuse herself,” McMaster continued. “It would essentially amount to malpractice on my part if I don’t motion to recuse the judge at this point.”