By DAVE HAMRICK
dhamrick@thecitizennews.com

A state judicial review committee has dismissed an anonymous complaint against Peachtree City lawyer John Mrosek, who is running for a judge's seat in the Griffin Superior Court Circuit.

“After a careful review of the documents provided, the Special Committee [on Judicial Election Campaign Intervention] has concluded that no violation of the Code of Judicial Conduct exists and the complaint is hereby dismissed,” said Cheryl Fisher Custer, executive director of the Judicial Qualifications Commission, in a letter to Mrosek last week.

The anonymous complaint sought to have Mrosek disqualified in his bid for the judge's post for comments critical of his opponent, incumbent Judge Johnnie Caldwell, in an e-mail to a member of the City Council of Peachtree City.

The e-mail, which contains language that Mrosek has admitted is “coarse” and “offensive,” speaks of Mrosek's “obsessive disgust for Judge Caldwell's lack of fitness for office,” and includes comments about Citizen Publisher and Editor Cal Beverly as well as Peachtree City City Attorney James Webb.

The e-mail “is not sanctioned by, nor is it in keeping with, the spirit of the Code [of Judicial Conduct],” says the letter from Custer, but it doesn't constitute a direct violation of the code.

Mrosek said he regrets sending the e-mail and accepts the commission's chastisement, but added he still believes Caldwell or someone involved in his campaign is behind both the distribution of his e-mail and the anonymous complaint.

Calls to Caldwell's office for comment have not been returned.

In a previous interview, Caldwell denied any knowledge of the e-mail until it was introduced as evidence in a case over which he was presiding. At that time, he removed himself from the case.

The e-mail makes reference to an investigation in the 1980s into allegations concerning Fantasy Fitness, a failed fitness center, involving Caldwell and Webb.

Webb was accused of using his position as city attorney to get the inside track on purchasing the troubled business location, and Caldwell, who was district attorney at the time, was accused of partiality in halting an investigation into the matter.

Webb has since worked in Caldwell's election campaigns, but both men deny any wrongdoing in the Fantasy Fitness affair.

But the incident has surfaced in recent weeks in a court battle between The Citizen and Webb. Webb has subpoenaed e-mails from Mrosek and others in connection with Webb's libel suit against The Citizen, and has specifically asked for communications concerning Fantasy Fitness.

Webb has sued The Citizen and Beverly for libel in connection with a letter to the editor that accused Webb of questionable business ties while serving as city attorney.

Mrosek has contended that Webb's request for his e-mails came about because Webb has been in possession of the Dec. 7 e-mail for some time and waited until recently to distribute it to prevent Mrosek from running against Caldwell.

Webb wrote to Mrosek April 24 and called the e-mail “outrageous and libelous,” adding that he had considered dropping his libel suit against The Citizen but, after reading the e-mail, will continue the suit and his search for e-mails between Mrosek and friends. “...[T]he document certainly makes me wonder exactly what other documents of this nature exist,” the letter said.

“In light of the contents of this document, I feel that I must continue to pursue the matter so I can determine whether or not there are other outrageous allegations contained in other communications you might have authored or received,” the letter to Mrosek added.

In a letter to The Citizen this week, Mrosek said he believes it is significant that someone called up his campaign web site and downloaded statements from it April 20, the day before a series of copies of his e-mail were anonymously distributed.

The downloaded statements were sent to the Judicial Qualifications Commission, along with copies of the e-mail, by the anonymous complainant.