Judge remembered as ‘tough but fair’

Thu, 04/12/2007 - 3:37pm
By: John Munford

Andrew J. Whalen Jr.: a family man with sense of humor

Fayette County’s legal community has lost one of its most respected judges.

Andrew J. Whalen Jr., who served 30 years as a Superior Court Judge in the Griffin Judicial Circuit, died Tuesday night at his home, according to his family.

Funeral services will be held today at 11 a.m. at the First United Methodist Church in Griffin, where Whalen was a life-long member.

Prior to his appointment to the bench, Whalen served from 1954 to 1969 as the circuit’s top prosecutor, which was initially called Solicitor General, and later renamed District Attorney. From 1969 to 1999 Whalen served in the Superior Court Judgeship, and in the early years he was the only judge in the entire four-county circuit which includes Fayette, Spalding, Upson and Pike counties.

Paschal A. English Jr, chief judge of the Griffin Superior Court Circuit, said Whalen was the most influential person in the history of the circuit and probably mentored all the circuit’s practicing attorneys in one way or another.

“He was the epitome of a judge,” English said.

Former chief judge Ben Miller Sr., who first began his judgeship under Whalen, took that compliment a step further, saying that Whalen was “the finest trial court judge I’ve ever seen or known.” Miller added that he often sought Whalen’s counsel on legal and other matters even long after Whalen retired from the full-time position.

Current Griffin Circuit Superior Court Judge Johnnie L. Caldwell Jr. tried a large number of cases in front of Whalen while Caldwell served as 14 years as district attorney. Caldwell said Whalen was “tough but fair” and was also highly respected in the legal community.

“When Judge Whalen spoke, it was kind of like E.F. Hutton: everybody listened and they listened well,” Caldwell recalled.

In addition to being a dedicated attorney and judge, Whalen also placed a high priority on family, Caldwell said, noting that even during trials, Whalen would always call his wife Jackie to check in during his lunch break.

Often times, during trials, Judge Whalen would let testimony continue for long stretches, and on many of those occasions Caldwell would approach the bench and ask for a restroom break.

Whalen would follow such requests by announcing to the jury that “our DA has the smallest bladder of anyone I know,” Caldwell recalled.

“He’d act like it just disgusted him,” Caldwell said, noting that Whalen’s acting was in good fun. “... He had a real sense of humor about him.”

English agreed, noting that on yearly deep-sea fishing trips among judges and attorneys, he’d often come home with a sore stomach from laughing so hard at Whalen’s antics.

“He was just a wonderful person to be around,” English said.

Caldwell noted that Whalen was an accomplished fisherman and enjoyed the outdoors, and was also dedicated to his church, First Methodist in Griffin. But it was Whalen’s “tough but fair” legal demeanor from the bench that Caldwell says he always has tried to emulate.

“He was, I would say, the judge’s judge,” Caldwell said. “He was the one other judges went to to ask questions.”

Judge Whalen graduated from Griffin High School in 1940, attending North Georgia College from 1940 until 1942. At the outset of WWII, Whalen joined the U. S. Army, serving briefly in the Calvary before volunteering for the Army Air Corps with assignment in Hawaii. Returning to civilian life in 1946, Whalen entered the University of Georgia, graduating with a degree in Business Administration. He graduated from the Emory University School of Law in 1950 and immediately began practicing law in Griffin with former Congressman, John J. Flynt, Jr.

He married Jacqueline Williams Whalen in 1946. They are the parents of two sons, Andrew J. Whalen, III (Drew) and his wife, Jan and Timothy J. Whalen and his wife, Jean and a daughter, Susie and her husband, Rick Blackshear, all of Griffin. He had 6 grandchildren and 2 great grandchildren.

The family suggests that in lieu of flowers, donations may be made to the Building Fund of the the First United Methodist Church of Griffin, 1401 Maple Dr., Griffin, GA 30224 in memory of Judge Whalen.

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mapleleaf's picture
Submitted by mapleleaf on Sat, 04/14/2007 - 9:19am.

However difficult it is for me to do this, I find it important to state that I can’t agree with the high opinion some people have of the late Judge Whalen.

“Tough but fair,” some say. A judges’ judge to whom other judges went for advice, we are told.

What I remember most about Judge Whalen is the “ice cream bandit” case. This is a case involving a kid in Griffin who stole some ice cream bars from the school’s freezer and was given heavy prison time. The case caused an uproar and controversy in the press.

What I find most significant about the case is that after the kid pled guilty, some lawyer took up the case and got Judge Whalen reversed on appeal. Think about this a minute. A judge who can’t even handle a guilty plea properly. What kind of legal scholarship does that demonstrate?

The right word for the kind of judge he was is “harsh.” Being tough connotes the ability to withstand pain. Being harsh implies the willingness to impose pain on others when there’s nothing at stake for you.

I personally saw Judge Whalen let a criminal defendant who wanted to handle his case without a lawyer present his case before a jury while in his orange prison uniform. It is elementary law that you don’t allow an accused to be seen in prison garb by a jury. It’s a basic part of due process, in protection of the presumption of innocence. The man was convicted.

My personal impression, confirmed by others with whom I discussed this, was that the judge mumbled. I couldn’t make out a lot of what he said. I suspect many jurors could not either. His court reporter was probably used to him and thus recorded his legal instructions to the jury as if the jurors heard and understood them, creating the impression in the written record on appeal that the jurors had received proper instructions. Now I do not blame him personally for this, but just the same I have doubts about justice being done when that happens.

I am sure the judge did his job the best way he knew how, and I don’t want to sully his memory. We are told of instances where he showed courage, and I applaud that. But to make him out as a model for other judges is too much. He was from another era. May he rest in peace.


the_assassin's picture
Submitted by the_assassin on Sat, 04/14/2007 - 6:20pm.

Thanks to "ilockemup" for setting the record straight.

Juvenile miscreant gets what he deserves. REPEAT offender!!!! If momma or daddy (if he's 'round) can't teach him, it's the state's job.

For crying out loud the parole system probably let him out in 6 mos anyway.


Enigma's picture
Submitted by Enigma on Sat, 04/14/2007 - 7:01pm.

If I am reading the blogs right (ilockemup)we are short one good tough Judge.
________________________________________________________________
Why you can’t believe banmani


Submitted by dollaradayandfound on Sat, 04/14/2007 - 1:17pm.

I have never heard of one attorney or another judge say anything bad for print about any judge. They just don't do it. Not in Fayette county, anyway.
I have often said that Georgia's jails are full of young people serving YEARS who stole the equivalent of a loaf of bread and some bologna, and not very many who stole millions of dollars by graft, intelligence, or corporate greed. We jail those we FEAR the most.

Basmati's picture
Submitted by Basmati on Sat, 04/14/2007 - 11:23am.

Thank you mapleleaf...I KNEW I'd heard Judge Whelan's name before.

Judge Whelan will be chiefly remembered for his draconic handling of the Ice Cream Bandit case. A 17 year old African American high school student stole $20 worth of ice cream from the school and Judge Whelan gave him three years hard time in prison.

Whelan was eventually overturned unanimously by the Court of Appeals, but not before being held up as an object of ridicule by the New York Times in a series of articles and editorials regarding the sentences given African Americans vs whites. Judge English eventually cleaned up Judge Whelan's mess on retrial, giving the kid 12 months probation and a $600 fine.

________________________________________________________
Get your Klanpoints™ today!


trentrivers's picture
Submitted by trentrivers on Sat, 04/14/2007 - 5:36pm.

this man calls you a liar.

Thank you
Trent


Basmati's picture
Submitted by Basmati on Sat, 04/14/2007 - 5:54pm.

Sorry for the delay. Most of the New York Times articles about Judge Whelan are available for archive purchase only. The only free article available does state that (direct quote here) "The Georgia Court of Appeals threw out the felony burglary conviction.." which is what I based my claim on. LINK

I've got nothing against the man. I just thought it curious that his most memorable courtroom case was not mentioned at all in the original article. An analogy might be when Judge Lance Ito dies and not mentioning that he presided over the OJ Simpson case...or maybe if Judge Pascal English were to pass away and no one were to mention his appearance on "Survivor".

________________________________________________________
Get your Klanpoints™ today!


Enigma's picture
Submitted by Enigma on Sat, 04/14/2007 - 6:11pm.

(Et al. means "and others" banmani.)

You may also hear these words in the coming days:

Defamation of character involves written or spoken harm to a person or organization's reputation.

Defamation of character includes libel and slander.

Libel is written defamation of character.

Nice banmani, really nice.


RetiredArmyMAJ's picture
Submitted by RetiredArmyMAJ on Sat, 04/14/2007 - 7:33pm.

Enigma,

You know the nasty one has nothing nice or positive to say. Must bite to be him.

Picking on a dead man is pretty low even for him. Guess his mama never tought him if you don't have anything nice to say, don't say anything at all.

He truly lacks any honor.

_______________________________________________________________
Fighting for truth, justice and the American way, while ignoring the ignorant!


ilockemup's picture
Submitted by ilockemup on Sat, 04/14/2007 - 4:55pm.

Judge Whalen---- The True Story

I am truly offended that these comments are appearing a day after a man’s funeral. My immediate reaction is that if you did not like Judge Whalen, then I am sure you will love District Attorney Scott Ballard.

Your comments are littered with factual errors. Let’s start with the “Ice Cream Bandit Case”. ERROR: The Defendant was Dehundra Caldwell and he was from Thomaston and not Griffin. ERROR: He had numerous previous criminal acts and arrests as a juvenile, with this offense occurring just after he left the tender years of juvenile status. ERROR: He was arrested and sentenced for stealing ice cream is false; he committed a burglary in a school and vandalized the school. Deceptive liberal media (and sycophants like Basmati) want to paint a picture of a child quietly eating an ice cream cone outside in the school yard. False. ERROR: the case was not reversed by any Appellate Court but was re-pled. Not unusual. ERROR: Caldwell was treated no differently than anyone else. Any perpetrator in this Circuit back then (but not now with “Softy” Ballard) who committed a burglary in a church, residence or school got 3 years. This was a known fact even to the dwarf lawyer with the ponytail.

One poster made a comment that makes him a very typical, lazy American: “I couldn’t make out a lot of what he said. I suspect many jurors could not either.” What did you do to stop what you perceived to be an injustice? Nothing, except to criticize the deceased. I truly believe that you are the very essence of what is wrong with America. You have all the opinions but none of the commitment or sacrifice necessary to save a free nation. You are also the type that will sit back while these zoning changes are in the works and you will complain later.

But rest assured you posters, you are having your way. We have a District Attorney, the darling of the criminal defense lawyers who put him in office, who taking us far away from what you perceive as wrong. So sleep well tonight for the Fayette you yearn from is not far away.


trentrivers's picture
Submitted by trentrivers on Sat, 04/14/2007 - 8:38pm.

is this a lie as you point to me that basmati made?

The Ice Cream Bandit Judge
basmati's picture
Submitted by basmati on Sat, 04/14/2007 - 11:23am.

Thank you mapleleaf...I KNEW I'd heard Judge Whelan's name before.

Judge Whelan will be chiefly remembered for his draconic handling of the Ice Cream Bandit case. A 17 year old African American high school student stole $20 worth of ice cream from the school and Judge Whelan gave him three years hard time in prison.

Whelan was eventually overturned unanimously by the Court of Appeals, but not before being held up as an object of ridicule by the New York Times in a series of articles and editorials regarding the sentences given African Americans vs whites. Judge English eventually cleaned up Judge Whelan's mess on retrial, giving the kid 12 months probation and a $600 fine.

Trent


Submitted by skyspy on Sun, 04/15/2007 - 5:37pm.

Is this the same "judge" English pansey....the one ..that thinks that binge drinking is a viable excuse for breaking any law..........even murder??? On the other hand I'm glad that binge drinking is now the excuse DuJuor in Fayette...............now I have a new excuse for my driving............"I can't help it.......I was binge drinking"!!!!!! I'll get off everytime.......no matter what I do! The precedent has been set.(Thank you judge "pansey,bedwetter", english! I appreciate the extra help, to get off of whatever I'm charged with.........thanks for setting the bar loooooowwwwwww!!! Brilliant!! Really!!!

Yeah Right!!!!! That holds alot of water...............................NOT!!!!!!!!!!!!

Oh wow.................what a surprise that this liberal IDIOT ...would overturn a ruling...by a sane judge.

Please find someone with even an ounce of common sense that would rule stealing acceptable.

That kid got what he deserved the first time around.

Let's say no to liberal bedwetter, thumbsucker judges like english pansey.

FYI: to the deputy STALKING me on Goza Rd everyday on my way to work......I'll get off .....because, I'll say I was "binge drinking" got it.....that's my excuse.....fill out the ticket ahead of time.....You know I'll get off with that excuse....so why stop me???

AF A-10's picture
Submitted by AF A-10 on Sun, 04/15/2007 - 6:03pm.

A certain fear for authority. A subtle jealousy and envy of those who have accomplished much; mistaking calm, gentle demeanors as weakness as opposed to wisdom. I know Judge English. I have been in his court and in his office. He handled the adoption of my son. Judge English was as happy as we were to see the child of a jailed drug addict given a chance at success in our home. I know clearly that you are rambling for attention, and that you believe what you read without having the personal experience. You attempt to trash a good man, but your salvos ultimately damage your own flawed, and frail character. I suggest you find Enigma's blog on weaponry in the "Rahim" blog. Reading it will make you feel more manly; like viagra for your soul. You then will no longer feel the urge to compensate for your short commings by slandering Judge English. And we will all benefit.

Good Day, and good luck with your self esteem,

Kevin "Hack" King

ps: Trent Rivers is a good spirit here. please do not grieve him.


Submitted by skyspy on Sun, 04/15/2007 - 6:16pm.

I'm glad you have had a great experience in judge english's court room.

I do admire you for adopting a child......every child is a gift when they are given to someone who wants them.

I was very disappointed in judge english's verdict of the teen..who accidently killed his friend( and I do believe it was an accident) however I still believe that "binge drinking" is not a good excuse.

I think he is too liberal.

No I don't "fear authority". I'm disgusted when people(whether it is kids, or adults thumb their noses at the law, and get away with it)

I see your friend the judge as a weak sorry person.....that is my opinion,...based on what I have seen. He should have stayed on the island.(survivor)

Cheers Hack......thank you for adopting a kid in need. I suspect your adopted child has helped you, more than you have helped them.

AF A-10's picture
Submitted by AF A-10 on Sun, 04/15/2007 - 7:03pm.

But Judge English is a first rate human being. And my son drives me just as nuts as my natural two Smiling

Cheers

Kevin "Hack" King


Enigma's picture
Submitted by Enigma on Sun, 04/15/2007 - 5:50pm.

Trent was copying what banmani wrote - read the blog string.

He has a hard time with our language I suppose.

Trent didn't write that - he was asking if it was true - banmani wrote it.
____________________________________________
Why you can’t believe banmani


Submitted by skyspy on Sun, 04/15/2007 - 5:54pm.

I miss so much when I'm working.

I still think it stinks that the kid got away with stealing....but ...whatever....we can't fight city hall or judges.

Enigma's picture
Submitted by Enigma on Sun, 04/15/2007 - 6:02pm.

Click below the line (on "why you can't believe banmani") to see what really happened:
_____________________________________________________
Why you can’t believe banmani


Submitted by skyspy on Sun, 04/15/2007 - 6:05pm.

As long as he didn't get away with it.....

Thanks again Enigma

Enigma's picture
Submitted by Enigma on Sat, 04/14/2007 - 3:28pm.

Taking cheap shots at a dead man? Typical of you banmani.


The Silver Surfer's picture
Submitted by The Silver Surfer on Fri, 04/13/2007 - 12:47pm.

Freedom of Speech.............Just watch what you say.


Mixer's picture
Submitted by Mixer on Sun, 04/15/2007 - 7:48pm.

Is that a Lexus GS? The picture is too small for me to tell.


AF A-10's picture
Submitted by AF A-10 on Sun, 04/15/2007 - 8:38pm.

This is one of the few Japanese rear drivers that can break wheels loose at will. They are a hoot and will leave money in your pocket that you might have wasted on a Lexus GS.

Kevin "Hack" King


Submitted by dollaradayandfound on Mon, 04/16/2007 - 6:08am.

I don't buy Japanese and German cars. To hell with the crowd. I had relatives butchered by both these suckers.

Git Real's picture
Submitted by Git Real on Mon, 04/16/2007 - 10:07am.

Dollar.... You sound like my dad. With that said I feel like I understand your feelings well and where you're coming from. My Dad and many of his family sacrificed heavily while growing up during that time or actually fighting the Jerrys and Nips. One uncle didn't come back but several did. I had a great uncle that as a teenager working for him on his ranch would tell me stories of the years he fought hand to hand against the Japanese retaking islands in the Pacific. He was truly a "real" cowboy, iron worker and a most definitely a war hero. He would tell me things that a young boy couldn't imagine while being fascinated by the things of war. He was a proud soldier that killed many and as a result claimed he could never have a "normal" family life. I'm going to miss the heroes of the "Greatest Generation".

But your sentiment runs deep with many people of your age. Those were hard times that required severe sacrifices from everyone. And everyone did sacrifice in one way or another. Yet today most are clueless as to why those sacrifice took place or what sacrifices even took place.

Then I look at my Mom's side. When her family was over run by the Germans in Czechoslovakia. My grandfather was a forced servant in a concentration camp. A servant to the commander of the camp. I often wonder to myself what he might have compromised to protect his family and to survive. Then when the Russians defeated the Germans my family had to flee the communists because of how they were killing off some of our family and their friends. So I've also experienced the hatred my grandmother had toward the Russians.

I've always worked to try to get my family to forgive and to try to forget. I know it's difficult. But if we don't then all we'll do is pass that rage and hatred down to our children and our grandchildren. We see that forgiveness and rage in the African American community being passed down to a huge degree. That's why we need to remember our history and learn to forgive as much as possible and move on. Easier said than done.... Like I said I understand where you're coming from Dollar.

I wonder if when the time comes we will have the resolve to fight and sacrifice when it is required. And it will be required again. It's only a matter of time before we have to choose between being a free people to resisting the tyranny of the Islamo Fascists Supremacists that are bent on conquering the world.

________

You may not be at war with Islam, but Islam is at war with you!


Mixer's picture
Submitted by Mixer on Mon, 04/16/2007 - 8:20am.

The Japanese are in Iraq dollaradayandfound. German cars are over rated in my opinion. Been there done that with the BMWs and Mercedes. I (we) just prefer the Japanese cars for the money.

My IS350 is faster than most V8s (including the new Pontiac GTO) and gets an average of 23mpg (combined) and about 30mpg on the highway. It handles great, looks sweet, has every luxury feature you could want and the best part is it will run great for a couple hundred thousand miles or more with regular oil changes.

dollaradayandfound: Free advice my friend, holding a grudge only hurts the one holding it.


Mixer's picture
Submitted by Mixer on Sun, 04/15/2007 - 8:59pm.

My wife has a 350Z Roadster - same 3.5 liter, 287 Horse motor as the G35.

My Lexus IS350 is actually faster than the G35 and my wife's Z (0-60 and 1/4 mile), as hard as it is to believe - 307 Horses.

http://www.toyotanation.com/forum/t95645.html

It's faster than the Lexus GS too - well - all of them but the new GS 450h - it's about the same as that.

How cool is it that a freaking hybrid is 0-60 in 5.2 sec.?

I do like the G35 though - it's a great car!

Ain't mid-life crisis great?


Submitted by dollaradayandfound on Mon, 04/16/2007 - 6:14am.

Just an expense. Too bad some of you guys can't strap one between your legs and go!

Mixer's picture
Submitted by Mixer on Mon, 04/16/2007 - 12:51pm.

I have a bike too- a Honda VTX1300 Eye-wink


AF A-10's picture
Submitted by AF A-10 on Sun, 04/15/2007 - 9:11pm.

Between my dad and I, many, many tires are prematurely baked and glazed Smiling

Kevin "Hack" King


AF A-10's picture
Submitted by AF A-10 on Sun, 04/15/2007 - 6:09pm.

They're gonna email you a ticket! (such a sweet ride!)

Kevin "Hack" King


The Silver Surfer's picture
Submitted by The Silver Surfer on Mon, 04/16/2007 - 10:31am.

Obviously you know what you are looking at. I won 1st place this year with this car at the Z1 Nationals, and in 2006, 1st place at the NOPI Nationals in ATL.... best in Asian Luxury. There is an entire page of modifications on this car with more to come this year for the 2007 NOPI in ATL... I dont care what type of car I drive or who made it, I make it to MY specifications once I buy it, and thats what matters most. RIDE OUT.
Freedom of Speech.............Just watch what you say.


Mixer's picture
Submitted by Mixer on Mon, 04/16/2007 - 12:52pm.

That my IS350 won't outrun Eye-wink

I stand corrected.


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