Part-time PTC judge takes a turn as defense attorney in same city court

Tue, 09/11/2007 - 3:58pm
By: John Munford

Eric Maxwell, Peachtree City’s fill-in municipal court judge, switched roles and represented a client as a defense attorney last week in that same court.

Maxwell said he admitted in open court that the matter might be a conflict on his part, and it was resolved by having the matter bound over to Fayette County State Court.

Maxwell admitted that in his brief conversation with the city prosecutor, he told her that his client was not guilty of one of the charges: driving with a suspended license.

“She said she was not comfortable dismissing that charge,” Maxwell said, adding that the conversation took about 15 seconds or so. “We didn’t even get into the facts” of the case, he added.

Maxwell, who also sits on the Fayette County Commission, said he felt compelled to represent the client in the case because he was already working on a traffic case for the same client for charges in Fairburn, and he didn’t think it was fair to ask the client to hire another attorney to handle the Peachtree City charges.

Maxwell said the man had been a long-time client of his who was charged with driving with a suspended license and impeding the flow of traffic.

“This is a client I have had for years and years,” Maxwell said.

Maxwell noted that he fills in during municipal court when regular Judge Stephen Ott is unable to make court. So far this year Maxwell said he has held court in Peachtree City twice.

Before being elected to the commission, Maxwell served as the full-time judge for the city’s municipal court.

Maxwell said he came to the microphone to announce that he thought he had a conflict in the case, because he wanted it on the recording should anyone have questions about it later.

“I’m not stupid,” Maxwell said. “I knew it was something somebody might be interested in.”

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abeautifulday4us's picture
Submitted by abeautifulday4us on Tue, 09/25/2007 - 12:13pm.

John Munford, what was the Defendant's name and what were the charges? Will there be a follow up on the County Court case ?


Submitted by McDonoughDawg on Wed, 09/12/2007 - 4:04pm.

I didn't vote for this fellow. I'm beginning to wonder if he's qualified to be a Part-time Judge in my town.

Suspended license is pretty cut and dried to me. You either did it, or you didn't. What's the suspense? No pun intended..

Git Real's picture
Submitted by Git Real on Tue, 09/11/2007 - 5:33pm.

Maxwell said he came to the microphone to announce that he thought he had a conflict in the case, because he wanted it on the recording should anyone have questions about it later.

“I’m not stupid,” Maxwell said. “I knew it was something somebody might be interested in.”

Nope...You are stupid Maxwell. So much for doing the right thing. Oh well....what do you expect from a trial lawyer. Perhaps you need to 'swing' along with the rest of the former commissioners who we've hung out to dry. You knew it was questionable and you did it anyways.

**** GIT REAL TOUGH ON CRIME ****

"That man was Griffin Judicial Circuit District Attorney Scott Ballard".

CLICK HERE FOR THE REST OF THE STORY


nuk's picture
Submitted by nuk on Wed, 09/12/2007 - 3:41pm.

..but maybe "I am a MORON" or worse. You have to wonder about the complete lack of ethics AND common-sense Maxwell has shown recently.

Between Pfeifer grandstanding everything AFTER the fact and Maxwell appearing to not only have ethical lapses but lapses in intelligence, this commission is turning into a gag-fest. Don't forget Herb Frady either, not that you could if you wanted to anyway. UGH.

NUK


Submitted by lawaboveall on Wed, 09/12/2007 - 2:20pm.

I wish I could say that this courtroom episode and THIS WEEK's other violation of the Open Meetings Act,(County Tries to Clean Up Meeting Violation, with the revision of the meeting minutes and the violation of the open meetings act)are a suprise to me, but alas, they are not. These actions are neither a surprise nor are they isolated incidents. They are part of a pattern of behavior that has typified Maxwell for years. He got elected anyway, and now we all have to suffer the consequences of an ethically challenged Board of Commissioners.

At least the former commission, upon realizing they made an Open Meetings violation, notified the State and the media of the error. They were wrong and admitted it.

Maxwell and Smith both roundly criticized Dunn and Wells during the campaign for there "blatant violation", but when this board they makes a more egregious error, instead of "manning up" they play CYA.

Reagan was the Great Communicator. Fayette County has Eric Maxwell, the Great Prevaricator and his band of merry morons. God help us.

cogitoergofay's picture
Submitted by cogitoergofay on Wed, 09/12/2007 - 12:22pm.

Simple Google search says “Bad dog, Eric”.

A recent sports story headline reads “NFL Cheaters Prosper”. Apparently the same Al Davis “Just Win, Baby” attitude prevails.

Do the following Google search and see what you find: “lawyer representing clients in the same court where he sits as judge”

ARIZONA SAYS NO:
Advisory Opinion 92-16
Page 2 of 3
Most of the judicial ethics advisory committees of the various states agree that a parttime
or temporary judge cannot practice law in the court in which he or she serves as a judge.
E.g., Ind. Policy Statement (December 8, 1983); La. Op. 26 (February 3, 1976); Tex. Op. 132. (October 18, 1989). We agree that the appearance of impropriety is too great to permit a lawyer who regularly acts as a judge to act as an advocate in the same court. A party might well believe that the lawyer has special stature or other advantages in the court in which the lawyer acts as a judge. (ARIZONA: www.supreme.state.az.us/ethics/ethics_opinions/02-06.pdf).

The State of Utah agreed: “We think the appearance of impropriety and the potential for pressure on police personnel makes it inappropriate for an attorney serving as a pro-tem judge in city court criminal cases, on a not infrequent basis to also act as defense counsel in city court criminal cases." http://www.utahbar.org/rules_ops_pols/ethics_opinions/op_034.html.

West Virginia agreed, referring to the American Bar Association: “A lawyer may in no event practice in the court in which he sits as a judge, even when presided over by another judge. Drinker, Legal Ethics 279 (1953); ABA Op. 142 (1935); N.Y.S.B.A. 228 (1972). Similarly, a lawyer shall not accept private employment in a matter upon the merits of which he has acted in a judicial capacity. DR 9-101(A). Canon 7A of the Code of Judicial Conduct provides as follows:

Part-Time Judge. A part-time judge is a judge who serves on a continuing or periodic basis, but is permitted by law to devote time to some other profession or occupation and whose compensation for that reason is less than that of a full-time judge. A part-time judge: * *
(2) should not practice law in the court on which he serves or in any court subject to the appellate jurisdiction of the court on which he serves, or act as a lawyer in a proceeding in which he has served as a judge or in any other proceeding relating thereto. “ http://www.wvbar.org/barinfo/wvlegalresearch/ethics/LE76/LE760041.HTM

Huh…So that makes you wonder, does Georgia have the same rule as these other states. So you copy West Virgina, put in Georgia and here’s what you get from the Georgia “Code of Judicial Conduct”: Canon 7: “Part-time judges….. should not practice law in the court on which they serve…” The Georgia Judges board says in an Opinion on their website “the Rule is clearly intended as a statement of what is or is not appropriate conduct, and it is the unanimous opinion of this Commission that it is inappropriate for any part-time judge to appear as counsel in any court of the same class as that on which he or she serves as judge.”

Pretty damn obvious it’s a violation. Even Maxwell and Judge Ott knew it: “Maxwell said he admitted in open court that the matter might be a conflict on his part, and it was resolved by having the matter bound over to Fayette County State Court.”

These are the same judges who will hammer you for the slightest motor vehicle violation, no exceptions.

The solution is not to play musical chairs with courts. The solution is to follow the Ethics Rules.


Submitted by thebiggun on Tue, 09/11/2007 - 7:49pm.

What he did is against judicial ethics. He needs to be removed as any part time judge as soon as Logsdon wakes up and finds himself being held accountable for his stupid actions. But this falls in line with him being the campaign manager for the current DA while he is on the county commission. He is also looking to make himself the judge in this county by using his position to get a Fayette only court system and reward his friends with a very expensive full time Magistrate Court. As a attorney, he makes me sick to my stomach.

Paul Perkins's picture
Submitted by Paul Perkins on Wed, 09/12/2007 - 10:16am.

And don't forget that as a sitting Judge he hosted a fund raiser for Caldwell's campaign - a clear ethics violation. How many ways can this guy break the ethics rules?


Voice of Fayette Future's picture
Submitted by Voice of Fayett... on Wed, 09/12/2007 - 1:09pm.

Wow…..

Maxwell just about steps off the bench, unzips his judicial robe, walks over to the prosecutor and asks that she dismiss the charges that a police officer brought against his client. “Can you help me out here?”

The real hero is the prosecutor. She told the judge no.

This is not the first time in Fayette that a judge or a politician asked for a “little favor”. There is a tight little fraternity and no one will ever hold someone accountable on something like this. However, this may be the first time, though, that some one said “No”.

Who is this prosecutor? That took some courage on her part telling one of the judges in the court where she works “no”.


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