Georgia judge resigns while under investigation, citing ‘false accusations’

Smith resigned when notified Monday of the agency’s findings by the commission’s chief investigator, the JQC said in a report filed Wednesday in the Georgia Supreme Court. The report said Smith’s resignation was “in lieu of the (JQC) proceeding with further investigation.”

Credit: Courtesy

Credit: Courtesy

The JQC said it found Smith had violated the Georgia Code of Judicial Conduct by, among other things, failing to follow the law and routinely failing to perform her duties competently and diligently “due to extended absence from and lack of involvement in the operations of the probate and magistrate courts.”

Smith also failed to decide probate court matters and adequately supervise her staff, resulting in probate court operations “contrary to the law,” the JQC said in its report. Some required filing fees were not collected and some required notices were not issued, the commission said, adding that some citizens were given incorrect and improper instructions about court filings.

Attempts to contact Smith for comment Thursday were not immediately successful.

In the lead-up to her reelection, Smith posted on her public Facebook page that she had served Clinch County for 14 years as a clerk and judge. She said she’d been the chief magistrate and probate judge in the county since 2020.

“My heart is humbled by the many opportunities I’ve had to serve the wonderful people of Clinch County,” Smith said in the public post, asking for votes. “I wake up every morning motivated and honored to face new and existing challenges until a solution within the law is found. I sincerely love what I do.”

Smith sent her resignation Tuesday to Gov. Brian Kemp, who accepted it the same day.

As part of her agreement with the JQC, Smith promised not to seek judicial office in future. The commission ended its case against her, given her resignation.

Clinch County, between Valdosta and Waycross, has almost 7,000 residents, according to U.S. Census data. It extends to the Florida line and includes part of the Okefenokee National Wildlife Refuge.

Calls to the county’s probate and magistrate courts went to voicemail Thursday.

Smith’s resignation prompted a judicial emergency declaration in Clinch County that closed the probate and magistrate courts for three days “to complete an internal review of records, processes and procedures,” according to a court order issued Tuesday by the probate judge from nearby Cook County.

Judge Chase Daughtrey said in a press release Tuesday that all emergency matters, such as arrest and search warrants, would still be processed and that the courts would reopen Friday.

The Judicial Qualifications Commission investigates and prosecutes allegations that Georgia judges have violated their ethics code. The state agency can recommend sanctions against a judge, including removal from office, which is ultimately decided by the state Supreme Court.

The commission has two pending cases involving formal charges against judges.

Fulton County Superior Court Judge Shermela Williams is accused in part of favoring a sorority sister in a child custody case and ignoring calls to decide other cases that had languished for over a year. She also faces charges accusing her of needlessly detaining a young woman during her parents’ divorce proceedings as a way to scold her. Williams denies the allegations.

Chatham County Probate Judge Thomas Bordeaux is accused of sitting on several cases without a ruling for as many as seven years. Bordeaux, a former state representative who chaired the house judiciary committee, told The Atlanta Journal-Constitution he was embarrassed by the case delays, which he blamed in part on limited support staff.