Flournoy Train Leads Newbie Off A Cliff
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 and the Cobb County Superior Court using its resources to litigate 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 any court case is the influence that a judge's staff attorney has over the outcome. Staff attorneys provide an array of tasks for their assigned judge 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 including reviewing and analyzing filings and motions, hearings and judgments
- Perform in-depth analysis and research of legal matters
- 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 say that a judge's staff attorney has the biggest influence over a judge's final order than any party or their respective attorneys can.
The Runaway Train…
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. 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, because 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.
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 a case despite a conflict of interest between the GAL and the attorney of record for a father. 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. The attorney for the mother motioned to have the GAL removed from that case due to the conflict, yet Judge Flournoy denied the request. Though the entire case is a quagmire, the fact that none of the parties to that case 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 simply because Judge Robert E. Flournoy III said so; and his successor either (a) doesn’t understand the basic concepts of jurisdiction or (b) is simply deferring her decisions to her staff without exercising proper independent judgment. 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.
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.