Difference between revisions of "The Cobb Web"

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====''Curry v. Rivera et al.'' - Cobb County Superior Court, Case No. 21-1-02536====
====''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 Flournoy 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 [https://thewikilaw.org/wiki/images/c/cf/Flournoy_Browning_Conflict.pdf 2010 custody case], longtime friend for over 30 years and treasurer of Flournoy's election campaign since 2016, 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. 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 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. 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.


====''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, in September 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 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 and potentially not a coincidence, the 7th Judicial Court Administrator as of September 27, 2021 was the Honorable Robert E. Flournoy III of Cobb County Superior Court. In short, Judge Leonard handed the case to a fellow Cobb Circuit 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 case. That case is still pending.</blockquote>
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.
 
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>
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