Wednesday, March 27, 2002
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Wednesday, March 27, 2002 |
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Complaint alleges racial slurs by Judge Melear By JOHN MUNFORD
A judicial complaint involving alleged racial slurs has been filed against veteran Fayette Magistrate Court Judge A.K. "Kenny" Melear by another magistrate court judge. The complaint, which was filed with the Georgia Judicial Qualifications Commission, was submitted by Magistrate Court Judge Joe Tinsley March 8. "[Racial slurs] is the central issue of the complaint," Tinsley told a reporter. Tinsley was asked about rumors that the complaint dealt with allegations Melear used racial slurs when inquiring about the race of suspects before Melear ruled on an arrest warrant. Melear declined to comment on the allegations Tuesday morning. He has been a magistrate judge since 1974 and the chief magistrate since 1983. Melear operates a landmark barbeque restaurant in Fayetteville and has been a fixture on the local and regional political scene for decades. Tinsley's complaint against Melear is based on "multiple authoritative sources who described alleged egregious conduct" by Melear, Tinsley said. "It asks for an inquiry into the alleged conduct to determine if it is prejudicial to the administration of justice," Tinsley said. "Judicial ethics and my public duty require that I file the complaint." Tinsley hesitated to provide more pertinent details, saying he wants to "maintain the integrity of the process." "For me to comment further in a public forum with regards to explaining details would be inappropriate," Tinsley explained. The complaint to the Judicial Qualifications Commission asked for a formal investigation into the allegations. Tinsley said the complaint was not filed for political reasons and he holds no personal grudge against Melear. The Judicial Qualifications Commission investigates complaints involving judges and holds hearings on allegations of judicial misconduct when necessary. If the commission's executive director determines the complaint falls in the commission's jurisdiction, it will be reviewed by the seven-member commission at its next meeting. The commission can dismiss the complaint, request more information from the accused judge or issue a notice of formal proceedings. If the commission holds a formal proceeding and determines a violation occurred, it can recommend to the Supreme Court retirement, censure, suspension or removal from office. Most of the commission's proceedings are confidential, except for formal hearing proceedings, reports recommending discipline and any decision after a hearing in which a judge was found not guilty of misconduct.
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