Difference between revisions of "Karma prevails and Recusal Motion ensues"
Karma prevails and Recusal Motion ensues (view source)
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{{#seo: | |||
|title=Karma prevails and Recusal Motion ensues | |||
|description=Fulton Judge circumvents jury in an 'attempt' to distribute over $40K in Registry funds | |||
|keywords=Fulton County corruption, judicial misconduct, JQC, Georgia Code of Judicial Conduct, Melynee Leftridge, Judge Melynee Leftridge, Melynee Leftridge Harris, Judge Leftridge, Judge Melynee Leftridge Harris, R. David Ware, Sharon W. Ware, Sharon Ware, David Ware, Fulton County, Superior Court, wikilaw | |||
}} | |||
[[File:Leftridge.jpg|left|300px|Judge bypasses jury to a tune of $40,000]] | [[File:Leftridge.jpg|left|300px|Judge bypasses jury to a tune of $40,000]] | ||
==Fulton Judge circumvents jury in an 'attempt' to distribute over $40K in Registry funds== | ==Fulton Judge circumvents jury in an 'attempt' to distribute over $40K in Registry funds== | ||
A Fulton County judge entered an order in a case last Wednesday, December 21, carelessly releasing all money held in the Registry of the Court to a plaintiff despite ownership of over $40,000 of those funds is still left to be determined by the jury.<ref>[https://thewikilaw.org/wiki/images/3/36/Motion_to_Vacate_12-22-2022.pdf Motion to Vacate Order Releasing Funds]</ref> | A Fulton County judge entered an order in a case last Wednesday, December 21, carelessly releasing all money held in the Registry of the Court to a plaintiff despite that ownership of over $40,000 of those funds is still left to be determined by the jury.<ref>[https://thewikilaw.org/wiki/images/3/36/Motion_to_Vacate_12-22-2022.pdf Motion to Vacate Order Releasing Funds]</ref> | ||
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The plaintiff, Paramount Properties, receiving what appeared to be an early Christmas present by the court is represented by Hall Booth Smith, an Atlanta law firm with at least one attorney on Judge Leftridge's donor list.<ref>[https://media.ethics.ga.gov/search/Campaign/Campaign_ByContributions_RFR.aspx?NameID=16478&FilerID=C2020000293&CDRID=156866&Name=Leftridge,%20Melynee%20&Year=2020&Report=June%2030th%20-%20Election%20Year Campaign Contribution Disclosure Report, June 30, 2020 (R. David Ware, Hall Booth Smith)]</ref> That donor, R. David Ware who is the former County Attorney for Fulton, was previously married to Sharon W. Ware, a | The plaintiff, Paramount Properties, receiving what appeared to be an early Christmas present by the court is represented by Hall Booth Smith, an Atlanta law firm with at least one attorney on Judge Leftridge's donor list.<ref>[https://media.ethics.ga.gov/search/Campaign/Campaign_ByContributions_RFR.aspx?NameID=16478&FilerID=C2020000293&CDRID=156866&Name=Leftridge,%20Melynee%20&Year=2020&Report=June%2030th%20-%20Election%20Year Campaign Contribution Disclosure Report, June 30, 2020 (R. David Ware, Hall Booth Smith)]</ref> That donor, R. David Ware who is the former County Attorney for Fulton, was previously married to Sharon W. Ware, a former employer of Judge Leftridge according to her resume posted on [https://www.fultoncourt.org/judge/judge-melynee-leftridge fulton.org]. Though not the topic of this article, Mr. Ware has had his fair share of [https://www.ajc.com/news/local/top-fulton-official-fights-sex-harassment-charges/5skfUqLI0agcXPgtJEcPJO/ legal troubles].<ref>Learn more about [https://www.ajc.com/news/local/top-fulton-official-fights-sex-harassment-charges/5skfUqLI0agcXPgtJEcPJO/ R. David Ware’s fight against sexual harassment claims here].</ref> | ||
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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, that the parties would have to provide their own court reporter, and that the court would not delay the trial 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 with the ability to manipulate the outcome of the case 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.” | 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, that the parties would have to provide their own court reporter, and that the court would not delay the trial 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 with the ability to manipulate the outcome of the case 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 defendant filed for Bankruptcy on October 24, the day before the scheduled jury trial, putting the case on a temporary stay. | ||
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;<ref>[https://thewikilaw.org/wiki/images/8/80/Motion_for_Writ_of_Possession_%28Final_With_Exhibits%29.pdf Motion For Immediate Writ of Possession]</ref> and the judge entered the order releasing the funds without a hearing at 11:03 AM the very next morning (on December 21)<ref>[https://thewikilaw.org/wiki/images/c/c9/Order_For_Writ_2022CV365529.pdf Order Granting Immediate Writ of Possession]</ref> 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 from the bench in multiple [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.” | 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;<ref>[https://thewikilaw.org/wiki/images/8/80/Motion_for_Writ_of_Possession_%28Final_With_Exhibits%29.pdf Motion For Immediate Writ of Possession]</ref> and the judge entered the order releasing the funds without a hearing at 11:03 AM the very next morning (on December 21)<ref>[https://thewikilaw.org/wiki/images/c/c9/Order_For_Writ_2022CV365529.pdf Order Granting Immediate Writ of Possession]</ref> 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 from the bench in multiple [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.”<ref>[https://thewikilaw.org/wiki/images/a/a2/Motion_for_Recusal_Leftridge.pdf Motion For Recusal].</ref> | ||
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As for the likelihood that this was a mere | As for the likelihood that this was a mere calculation error by the judge, “We all know that Judge Leftridge is very detail oriented and essentially a ‘math-whiz’ when she wants to be,” McMaster said--admittedly in reference to Leftridge’s use of arithmetic justifying her [https://georgiarecorder.com/2022/08/18/superior-court-judge-puts-echols-democratic-psc-challenger-back-on-november-ballot/ reinstatement of Patty Durand as a candidate] for the Georgia Public Service Commission, reversing Secretary of State Brad Raffensperger’s decision to disqualify Durand from the recent election.<ref>More on the facts and circumstances of the Patty Durand case can be found [https://georgiarecorder.com/2022/08/18/superior-court-judge-puts-echols-democratic-psc-challenger-back-on-november-ballot/ here].</ref> | ||
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By | By | ||
[[File:Signature wiki law | [[File:Signature wiki law NJ.png|left|256px|Author]]<br><br> | ||
<br> | <br> | ||
''The problems of judicial impropriety being done for clients of campaign donors are familiar to the author. The pattern of conduct by lawyers and judges that deprives the people of their rights is like that documented in many other cases where families are losing their homes and their children, everything that matters most to them. The law and courts in Georgia, as seen in over ten years of data collected to illustrate this problem, offer little to no protection for those in need of it, our citizens kept in the dark until it’s too late.'' | ''The problems of judicial impropriety being done for clients of campaign donors are familiar to the author. The pattern of conduct by lawyers and judges that deprives the people of their rights is like that documented in many other cases where families are losing their homes and their children, everything that matters most to them. The law and courts in Georgia, as seen in over ten years of data collected to illustrate this problem, offer little to no protection for those in need of it, our citizens kept in the dark until it’s too late.'' | ||
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Last Updated: 12/ | Last Updated: 12/28/2022 | ||
==See also== | |||
*Part 1: Karma prevails and Recusal Motion ensues | |||
*Part 2: [[Fulton Sheriff wrongfully evicts Mother and children]] | |||
*Part 3: [[Georgia Ethics Code Does Not Apply To Fulton Judges]] | |||
*Part 4: [[Cobb County judge sets the record straight in Fulton, or is it all a facade?]] | |||
*Part 5: [[Fulton Judiciary Weaponizes Project ORCA]] | |||
==References== | |||
<references/> | |||
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