The Fayette Citizen-News Page

Wednesday, August 21, 2002

Veteran chief magistrate resigns amid allegations he used racial slurs on duty

By JOHN MUNFORD
jmunford@TheCitizenNews.com

Fayette County's long-time Chief Magistrate Judge, who has been accused of using racial slurs while carrying out his job, has issued his resignation to Georgia Governor Roy Barnes.

In the two-sentence letter to Barnes, A.K. (Kenny) Melear Sr. said the resignation will be effective Sept. 1 and he has already notified Chief Superior Court Judge Ben Miller of the development.

According to numerous sources, Melear was under investigation by the Judicial Qualifications Commission for using racial slurs when inquiring about the ethnicity of suspects whom police were seeking his approval to arrest. The JQC was set to meet again Aug. 30, but because the process is secret no officials would confirm whether or not the commission was slated to receive information on the investigation.

Several attempts to speak with Melear were unsuccessful. Melear has been a magistrate judge since 1974 and the chief magistrate since 1983.

The complaint against Melear was filed in March by fellow magistrate judge Joe Tinsley. The racial slurs were witnessed by several detectives of the Peachtree City Police Department, according to sources.

Several weeks ago, the Fayette County branch of the National Association for the Advancement of Colored People held a news conference to express frustration that the investigative process was held in secret and seemed to take quite a while.

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.

The JQC has the power to recommend to the Supreme Court that a judge be suspended, removed from office, asked to retire or censured.

 


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