Flournoy Train Leads Newbie Off A Cliff

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Judge Sonja N. Brown (top) and Judge Robert E. Flournoy III (bottom)

On The Cobb Taxpayer Dime...

Cobb County Superior Court’s newest addition, the Honorable Sonja N. Brown, took the bench for the first time this past January, 2023. From the get-go she has had the benefit of experience from her veteran staff attorney Matthew Freedman, who served her predecessor, now Senior Judge, Robert E. Flournoy, III, for many years. While Judge Brown appears to be benefitting from the continued employment of Judge Flournoy's former staff, perhaps the Cobb County taxpayers should be weary of her selection.

And why should the Cobb County taxpayer care? Or more accurately put: Why is Judge Sonja Brown using her time and the Cobb County Superior Court resources to resolve matters outside of Cobb's jurisdiction? Perhaps the lingering influence of Judge Flournoy's entourage has its vice grip on the newbie Judge Brown.

Staff Attorneys - The Phantom Menace

A hidden and nearly taboo influence over the outcome of any court case is that of a judge's staff attorney. Staff attorneys provide an array of tasks for their assigned judges which include, but are not limited to, the following:

  • Conduct legal research
  • Draft court orders and memoranda
  • Provide legal advice and opinions to the judge
  • Assist the assigned judge in the management of cases
  • Serve as a liaison between the Superior Court and the public.

Considering the role of a staff attorney and, in turn, the presumed amount of time spent with the assigned judge, it is safe to assume that a judge's staff attorney has a far greater influence over a judge's final order than any party or their respective attorneys can.

The Runaway Train…

Political cartoon of Judge Sonja N. Brown (left) and Judge Robert E. Flournoy III (right)

Staff Attorney Matt Freedman spent years under the guidance of Robert E. Flournoy III who is perhaps one of Cobb County’s most controversial Superior Court judges, not known for his integrity but well known for his poor temperament, lack of self control and sometimes incoherent rambling from the bench.[1] Many in the legal community credit Judge Flournoy as the cause for Judge Robert D. Leonard II being challenged in the 2022 election. As the story goes, Judge Leonard refused to disqualify Judge Flournoy from presiding over a case that involved Judge Flournoy’s own attorney and campaign treasurer and, considering Judge Flournoy was not up for re-election, Judge Leonard found himself in a fight to save his job against two challengers in the 2022 Cobb County Superior Court judicial election for enabling Flournoy.[2]

In a comparable child custody case which was assigned to Judge Flournoy prior to his retirement, Judge Flournoy refused to remove a Guardian ad Litem ("GAL") from that case despite a conflict of interest between the GAL and the attorney of record for a plaintiff-father.[3] As expected in light of the presumed bias of the GAL, the father in that case has received full custody of the child and the mother has temporarily been denied all rights despite evidence of physical abuse by the father.[4] Though the entire case is a jumbled mess of impropriety,[5] the fact that none of the parties to that case even reside in Cobb County is a matter of severe public concern.

The Cobb County taxpayers are funding the Cobb judiciary to handle matters that extend beyond its jurisdiction. And with what legal authority? In this case, it's merely because Judge Robert E. Flournoy III said so; and his successor to the bench, the Honorable Judge Sonja Brown, either (a) doesn’t understand the basic concepts of jurisdiction or (b) is simply deferring her decision on the matter to her staff without exercising proper independent judgment.[6] Neither cause should be acceptable to The People of Cobb County.

  • That case is set for a final hearing on July 10, 2023 at 9:00 AM before the Honorable Sonja N. Brown in Cobb County Superior Court, courtroom 6300.[7]

Where She Stands

Whether Cobb's latest member to the Superior Court family of judges has the strength to exercise independent judgment in the face of internal and political influences is yet to be determined. Though, it is fair to say that The People of Cobb County can't take solace with Judge Sonja Brown's selection of a staff attorney.

By Andy Lee White
Coauthor of Atlanta Pop in the '50s, '60s & '70s: The Magic of Bill Lowery

July 8, 2023

References

  1. ↑ Child endangering judge prepares for senior judgeship, by Deborah Beacham, Navigating Justice
  2. ↑ Matthew D. McMaster, The Lion's Den
  3. ↑ Motion to Disqualify Court Appointed Guardian Ad Litem, Cobb County Superior Court, Case No. 20104957; Order Denying Motion to Disqualify Guardian Ad Litem, Cobb County Superior Court, Case No. 20104957
  4. ↑ Temporary Order of Modification of Custody and Child Support, Cobb County Superior Court, Case No. 20104957
  5. ↑ Rule 2.3(B) of the Code of Judicial Conduct states: "A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice . . . . Judges shall not permit court staff, court officials, or others subject to the judge’s direction and control to do so." In 2019, Cobb County Superior Court Judge Robert E. Flournoy's staff attorney, Matt Freedman, gave a public review on Google to a Guardian Ad Litem, Brandi Daswani--the same Guardian Ad Litem appointed to the case that is the subject matter of this article. Matt Freedman gives Guardian Ad Litem 5-star review.
  6. ↑ Order Denying Motion for Summary Judgment, Cobb County Superior Court, Case No. 20104957
  7. ↑ Order Setting Final Hearing, Cobb County Superior Court, Case No. 20104957
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