Maxwell tries cover-up, conflict of interest

Tue, 09/18/2007 - 3:42pm
By: Letters to the ...

I was shocked to read that Fayette County Commissioner Eric Maxwell, an attorney by trade, actually came to the Peachtree City Municipal Court representing a client. The problem was he still remains a back-up judge for the court.

Maxwell admitted to the conflict when he showed up with the client. Trying to help your friends pass through court on your personal leverage is very harmful to the judicial process. That move could run afoul of the ethical codes of both government and the state bar.

I applaud the Peachtree City solicitor for refusing to bow to Maxwell’s courtroom muscle-flexing.

Unfortunately, Commissioner Maxwell surfaced again when the Fayette County Commission violated the Open Meetings Act. Yes, indeed, they did violate the laws governing the openness in government.

They withdrew to executive session to discuss a legal matter, but they did not have their attorney present. Thus, the need to convene and eschew the public by citing attorney-client privilege was invalid.

The proper remedy for this violation would have been an apology.

However, Commissioner Maxwell proceeded to move that the meeting minutes be amended to cover up what had happened. The cover-up consisted of a fabricated story that did not – and could not – have happened.

Even more worrisome was Commissioner Peter Pfeifer, who deemed an open records violation was in the works, failing to speak out as the violation was being committed.

This is the same Pfeifer who authored a recent letter to the editor explaining that he had to vote for a countywide tax increase because several other commissioners had elected to vote for one. How did they manage to take away Pfeifer’s free will?

Similar antics have cropped up in Peachtree City with the mayor persuading council members to place a 100 percent salary increase on the council agenda while he abstained from the vote “for personal reasons.”

The County Commission is also abandoning the practice of maintaining low-density residential zoning by rezoning land to a higher density use. If this trend continues, it will be bad news for our schools and our roads.

I voted for Eric Maxwell and Jack Smith. I felt I had no alternative since their predecessors kept pounding Peachtree City, Tyrone and North Fayette County. Maxwell’s latest actions now have me wondering if he will be worse than his predecessor.

Growth beyond the norms is becoming a real issue for Peachtree City and Fayette County.

My hope is our county commissioners make open government a priority, and they save the future of our county by adhering to a low-density land use strategy. Any other direction would be harmful to us all in the long term.

Steve Brown

stevebrownptc@ureach.com

Peachtree City, Ga.

[Brown is a former mayor of Peachtree City.]

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Submitted by Dalmation195 on Wed, 09/19/2007 - 9:42am.

While there are many issues that I have disagreed with Mr. Brown on over the years, I think there is one that I can agree with. When Peter Pfiefer allowed an executive session to move forward all the while suspecting that it was inappropriate, then he was equally culpable for the wrong as the one's who perpetrated it (intentional or not).

He should have spoken with his voice of vast experience and questioned the decision. His wisdom could have avoided this, However, he has only shown that he is willing to play politics with this in order for the sitting Chairman and the other three to be besmurched.

It was not Fayette County and it's citizens that Peter had in mind, but the forward movement of his (and I should say Greg Dunn) political agenda.

Peter pfiefer should be ashamed of himself! We will remember this come the next election cycle.

Submitted by lawaboveall on Wed, 09/19/2007 - 10:03am.

Frady has been there longer than anyone. Why are you not criticizing him? Would it be because it is not part of your (or should I say Eric Maxwell's agenda)? Frady did not even point out the problem and he went along with it. HE KNEW and he said nothing! But since he is Eric's buddy, you ignore him. Same could be said for Horgan, but he is hopeless. He has been there for two years and he probably did NOT know it was a violation.

At least Pfieffer had the sense to say that it was wrong, but they did it anyway. What should he have done? Not gone into the meeting?
By attending at least he was in a position to respond to the inevitable questions later.

Your boy Eric screwed up, tried to change the public record to cover it up, and got caught. Don't blame Pfieffer. Blame the people that made the mistake, those who acquiesced by their silence, (ALL the other commissioners) and he who tried to lie his way out of the mistake. If besmurching is the goal, these guys can do a good job all by themselves. All Pfieffer did was say..wait this is wrong. If you do this it is wrong!

This is so typical. When your boy makes a mistake, attack the person that points it out. One thing we can agree on. We will remember this next election cycle. Pfieffer showed personal integrity that was not demonstrated by anyone else.

Submitted by tonto707 on Wed, 09/19/2007 - 3:13pm.

every damn body knows that Phool Pfiefer went to the exec session so he could rat out to you! Gimme a break.

And everyone knows that the county attorney who recently resigned allowed exec session anytime any of the previous commissioners wanted to avoid the scrutiny of the public.

Submitted by lawaboveall on Wed, 09/19/2007 - 3:47pm.

First of all, again, for the ten thousandth time. I am not Janet.

Secondly, Commissioner Pfieffer went to the meeting despite his misgivings, because he was elected to do so, not to "rat out" anyone. What are you Tony Soprano's idiot relation?

Thirdly, there would not have been any issue here(beyond Maxwell lying to cover his hindquarters) if there HAD been A COUNTY ATTORNEY present.

You are absolutely correct, when McNally was county attorney they could hold, did hold, and should hold, LEGAL executive sessions.
When the commissioners fired him, they had no legal representation, they were not supposed to go into executive session to discuss legal matters, Pfieffer told them not too, Frady ignored the law, Maxwell scoffed at Pfieffer's suggestion that it was wrong (it is on the tape) and they did it anyway. And you have the temerity to criticize Pheiffer?

The law that was broken is the issue here. I realize that I have had to state this problem several times for you, but you are obviously slow in understanding the issue here. Eric broke the law and even he knows that ignorance of the law is no excuse.

abeautifulday4us's picture
Submitted by abeautifulday4us on Wed, 09/19/2007 - 9:35am.

Steve Brown has been a good voice for us. He may sometimes be a tad abrasive. Time and time again, though, he is just about the only person that speaks up and shows where there is something dishonest going on. I don't think anyone can challenge his honesty. And the same is true of Dan Lakly. It insults our intelligence to try to make some technical justification for these things by a County Commissioner. We expect more. Steve is correct on both counts-- this was political favors in the courtroom and an attempt at closed government. It's just plain wrong. And "muscle-flexing" is a good term for it.


Submitted by lawaboveall on Tue, 09/18/2007 - 5:31pm.

Steve,

I know you have always wanted the separate EMS district for PTC and that is the reason you voted for Maxwell and Smith. They promised Logsdon if he supported them, they would make the change and they did. They are very prompt in paying political debts.

Beyond that, how exactly were the former commissioners "pounding" anyone? By holding the Tyrone town council to their agreement on Shamrock Park and maintaining it? By giving them more money for recreation?

Tyrone is about to elect people who think exactly like the former commissioners..lower growth, smart growth, lower density etc. And if you will check the records you will find that both Wells and Dunn carried Tyrone.

As for North Fayette, exactly how did they "pound them"? By closing roads for the sake of safety? Giving them a park that they so sorely needed for years? If you are referring to district voting, then you are still out of touch on the issue. Aside from a small vocal minority, no one in this county has any interest in district voting.

And by the way, it is the current commissioners, the ones you voted for, that have gutted the capital expenditures at the park on the north end. Nice job of voting there Steve, you missed the mark..again.

Paul Perkins's picture
Submitted by Paul Perkins on Tue, 09/18/2007 - 5:07pm.

This guy makes me proud that I'm not a trial lawyer.
How's about a simple syllogism here? Listen carefully Eric.
IF
You can't understand the Code of Conduct below...

THEN
You are too stupid (or corrupt since Eric says "I'm not stupid") to be a judge!

Happy to entertain your questions, Eric, if the above is too much for you.

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.”
________________________________________________________________________
Laws are made for men of ordinary understanding and should,
therefore, be construed by the ordinary rules of common sense.
Their meaning is not to be sought for in metaphysical subtleties
which may make anything mean everything or nothing at pleasure.
Thomas Jefferson- on the court system


Git Real's picture
Submitted by Git Real on Tue, 09/18/2007 - 10:52pm.

Yup, Steve... In spite of what everyone else says I think you're alright. Many say that you're a stubborn and arrogant politician. So what... I'll take that because to top it off I think your an honest and sincere politician to boot. Thanks for looking out out for us a little people. Wait... you are one of us little people again. Eye-wink Keep up the good fight and just ignore Lawbelowall. HeSheIt is just bitter because it lost power and influence this last go around. As bad as Maxwell and Smith seem to be turning out I'm still elated in knowing that Dunn and Wells were disposed of in the same manner as Burrell, Price, Sprayberry, and Peter too. Oh wait.... We've got a few more months before Peter is flushed.

Thanks Paul Perkins. I appreciate you keeping this issue about Maxwell alive. I honestly didn't think anyone one else gave a rip. I think that Maxwell didn't think anyone would give a rip either. But a couple of good folks did.

I just don't understand why John Munford didn't make more of a story out of this than he did. I'm beginning to think that as a reporter he's about as effective as our District Attorney Mr. Softy. I had always hoped that wasn't the case but either he's soft or he's buying Maxwell and Company's spin. Hey Mr. Munson. If you're not going to push this story then how about handing it off to John Thompson. He ain't afraid to call Maxwell what he is. Gee, I think he implied he was a liar in regards to the open records violation recently that Eric denied.

Chuckle.... Is Maxwell still using that fictitious microphone line? Puzzled Smiling

Oh... And I do apologize Eric. I don't think you're stupid. I think you knew exactly what you were doing in that courtroom and you knew dern well you were in violation of the Judicial Conduct regulations. I just wonder how many other laws you are comfortable breaking in order to push your agendas. I had hoped hope for better from you Eric. But, it's obvious that you're no different than the other political hacks we've weeded through over the years.

Now I understand why Brown and Lackly are so unpopular within the GOP ranks and their peers. They've refused to compromise their principles and they attempt to do the right things even when they know that no one else is looking. Good job guys... I've not always agreed with you two, but at least I know you guys are on the up and up.

And in closing.... A great big SALUTE to the lady prosecutor who refused to disregard the law when asked to by Maxwell. Talk about doing the right thing. I just wonder if she's going to be able to hold on to her job after this?

CLICK HERE FOR THE REST OF THE STORY

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

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

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

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

CLICK HERE FOR THE REST OF THE STORY


Submitted by lawaboveall on Wed, 09/19/2007 - 9:26am.

I was taking issue with is the fact that the Honorable former Mayor says they all these localities were getting "pounded" and he made no effort to tell us why he felt that way. I pointed out that, beyond the single issue of the EMS district, his statement about, "pounding" was off base. He may be alright to you, but that does not make him RIGHT.

You will never grasp why I continue to participate in these discussions. The elections are over and these people are now in positions of responsibility to the people of this county. Does that mean that I should simply ignore these transgressions? In the absence of any effort by the Citizen to pursue, beyond a simple reporting of the actions, somebody has to express an alternative view. All these issues, Open Meetings violations (which is precisely why Cal and McNally were at odds), firing employees, raising taxes, holding meetings out of town so the public cannot participate, increasing county payroll, paying off political debts with your tax dollars, somebody has to stand back, look at what is being done, and POINT IT OUT to the casual visitors to this forum.

Time will tell which one of us is right here.

Git Real's picture
Submitted by Git Real on Tue, 09/25/2007 - 9:59pm.

I've come to realize that I've been mistaken. Lawbelowall is not Janet at all. She's not as bright as you are. You know to much and people sitting on the sidelines have no way of knowing the intimate details of the different situations that you pontificate on. From this day out you should rightfully be dubbed Greg Dunn.

Now that we have that established. Let's move on.

You will never grasp why I continue to participate in these discussions.

I grasped it buddy. You're a bitter loser and you're trying to vindicate you loss by telling everyone "I told you so". That's OK dude.... but, you really need to just 'let it go'. Heck...we let you go. Smiling

The elections are over and these people are now in positions of responsibility to the people of this county.

Now don't get me wrong. I think you deserved to lose. I'm glad you are gone and if you attempt to run for state office I'm going to work against you. Heck, I once thought you were part of the solution until you proved you were just another 'go-along, git-along Republican political hack'. I'm still glad that I didn't vote for you. But, if it makes you feel any better, note that I never voted for Maxwell either. Donald Duck got my vote. Eye-wink

All these issues, Open Meetings violations

You have some nerve bringing up Open Meetings Violations. Hmmm....how soon we forget. Puzzled

CLICK HERE TO VIEW MCNALLY AND HIS PUPPET'S OPEN MEETINGS VIOLATIONS

raising taxes

Don't forget... you raised my taxes too!

Time will tell which one of us is right here.

Time has already proved which one of was right. I WAS! I was right that in the election between you and Eric Maxwell, the voters had little or no choice. Must we dredge up all your wrong doings and your vindictive agendas? Forget it... I don't have the time. Just look into the archives of the Citizen. I and several others documented fully and rightfully the reasons you needed to go.

Now that we've got rid of you, let's see if we can hold Eric accountable or at the very least 'get him straightened out'. I actually hold out little hope on the latter. He is a trial lawyer, you know? Sad

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

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

CLICK HERE FOR THE REST OF THE STORY


John Munford's picture
Submitted by John Munford on Wed, 09/19/2007 - 7:20am.

Since you asked Git why I didn't "latch onto" this story with the tenacity of a blood-sucking leach:

Click on Georgia Code of Judicial Conduct

Scroll nearly all the way to the bottom to where it says Application of the Code of Judicial Conduct. It addresses a distinction between part-time judges and fill-in judges called "judge pro tempore."

As you can see, part-time judges are specifically disallowed from practicing in the court in which they preside. The pro tems (call 'em temps I guess) have no such distinction and are merely limited from practicing in cases in which they have served as a judge.

Now a whole 'nother can of worms is whether Ga should beef up its ethics in this realm. You'll get no argument from me.


Git Real's picture
Submitted by Git Real on Wed, 09/26/2007 - 1:16pm.

Let me ask you this question since you've become Eric Maxwell's public defender. If there wasn't a violation of the Georgia Judicial Codes of Conduct in the first place, then why in the heck did you feel compelled to report your original story in the first place? Did the God Father come a calling?

Are you so blind that you can't see that we're not talking about (1) violation of the rules by Eric, but (2) violations??? Not only did he behave improperly in the courtroom, he's also the Campaign Chairman for Softy Ballard's Re-Election Campaign for District Attorney which is a direct violation of the Judicial Code Of Conduct. If you can't follow the stench on this stinky trail then you need to go lay under the porch and let one us real Hound Dogs... I mean real Hound Lions submit the stories for the Citizen. Do I need to come up there and do your job for you? Come on boy! Become a "real" investigative reporter.

Now stop being an enabler. You can do this boy. There's no need to turn this story over to John Thompson is there? Heck no! I just know you've got it in ya! Now go git 'em Tiger. Smiling

Or am I nuts and nobody really gives a rip whether their government and elected officials are corrupt and self-serving? Puzzled

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

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

CLICK HERE FOR THE REST OF THE STORY


John Munford's picture
Submitted by John Munford on Wed, 09/26/2007 - 7:57pm.

My earlier post was to defend my credibility, not Maxwell's.

I personally can't excuse what he did and it was newsworthy enough to jump to the top of my priority list when I got the tip from a source (BTW Thanks to my source on this one).

If The Citizen hadn't had the original story, who would have reported it? And you pay HOW MUCH for you subscription?

QUIT WHINING!!!!

Git, it's time for you put up or shut up. File an ethics complaint if you believe so strongly in this. Don't expect me to take orders from you however. (sorry to get so catty, but you seem to bring that out in people on this site sometimes! ):.

File the ethics charge, let me know, and that will make the paper too.

I didn't mention it earlier but I did consult with a local attorney who is very in the know about local attorney politics AND where someone might file an ethics complaint. Apparently it can be done through several different agencies. This attorney didn't think anyone would file a complaint. BUT I'll keep my ear to the ground.


Git Real's picture
Submitted by Git Real on Wed, 09/26/2007 - 8:59pm.

My earlier post was to defend my credibility, not Maxwell's.

We're not discussing your credibility here. We're discussing Maxwell's credibility. Ok...Let's look at something you said:

As you can see, part-time judges are specifically disallowed from practicing in the court in which they preside. The pro temps (call 'em temps I guess) have no such distinction and are merely limited from practicing in cases in which they have served as a judge.

You were wrong John. Maxwell falls under the classification of part-time judge because he is 'presiding under a contractual basis which started in January of this year'. That's the difference. Or do you give a rip about accuracy at all? Therefore, your "temp" argument is an erroneous one. Maxwell blatantly violated the Judicial Code and he even admitted it up front and did it anyways. That's the point!

Not only that, but I threw another bone to you showing that Maxwell is in violation of a second rule which I documented previously. Do you care or don't you? If you're not going to report the whole story then why bother at all?

If The Citizen hadn't had the original story, who would have reported it?

Glad you did report it. Otherwise I wouldn't have known about his violation in the courtroom and all I would have would be the violation of his being Scott Ballard's illegal campaign manager. Thanks for getting the story partially right.

And you pay HOW MUCH for you subscription?

So....you want to get "catty'" with me? Ok... I'll play. For the record I don't pay a dime. But, when I look at your refusal to research and report this issue properly, I'd say I'm getting what I paid for. Eye-wink Just be glad I'm here to help you out. If I wasn't helping you generate advertising dollars then who would subsidize your salary? BTW... I am only able to get The Citizen online. Your delivery guys only hit my neighborhood about once every 3 months.

QUIT WHINING!!!!

Ouch! You know I can't do that! Shocked

Git, it's time for you put up or shut up. File an ethics complaint if you believe so strongly in this.

You know I can't do that. That would blow my cover. I'm not asking you to 'file a complaint'. I'm just asking you to report the truth and the whole story. That's your job dude! It is a proven fact that filing a complaint with the Judicial Ethics Board is a waste of time. That board is comprised of a membership of trial lawyers selected by trial lawyers to cover each other's rumps. File an accurate and factual complaint with those guys and your grievances will become 'dead on arrival'. This paper and these blogs are one of the few effective avenues "we the people" have left to effectively tackle corrupt government and politicians.

Don't expect me to take orders from you however.

I don't expect that from you John. What I do expect is accurate and complete reporting. I want you to be a righteous warrior for us little people. Smiling

but you seem to bring that out in people on this site sometimes!

Hell, somebody's gotta speak up. I just wish it wasn't me.

File the ethics charge, let me know, and that will make the paper too.

Again it would be a waste of time. Hey! Let's you and me team up and enforce the ethics laws ourselves. You and me... a team! Just think.... if we expose their stinky shenanigans then perhaps folks will take notice and hold the bad guys accountable. I like the sound of it already. Munford & Git. Or was that Git 'N' Munford. Heck, we'll steal all those ratings away from Michael & Kevin. Smiling

I didn't mention it earlier but I did consult with a local attorney who is very in the know about local attorney politics AND where someone might file an ethics complaint.

Was he one of them?

This attorney didn't think anyone would file a complaint.

Gee.... I wonder why? Puzzled

BUT I'll keep my ear to the ground

Me too Buddy! Now that we're a team! Smiling Let's go get'em partner and show ole Thompson how it's done. Eye-wink

Git 'N' Munford.... It has a good ring to it. Yeah, we'll have 'em straightened out in no time.........

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

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

CLICK HERE FOR THE REST OF THE STORY


John Munford's picture
Submitted by John Munford on Wed, 09/26/2007 - 10:02pm.

Shall we "hang a shingle" as the legal beagles like to say? Git&Munford has a nice ring to it. I'll go ahead and order the stationary, the yellow pages ad and the bus stop bench ads in Riverdale.

Speaking of which I've got to do one more post tonight on a separate Riverdale funny. Look for it in a few.

Thanks for understanding and sorry to pick on you; ya know what they say 'bout those easy targets... Myself included!

BTW agree with you about the stop sign dude. You won't get a ticket for following the law. And exactly how do you "accidentally" not come to a stop huh?

I've seen too many kids darting out from their parents eyes to know that traffic laws SHOULD be enforced in a shopping center.

All the speeding tickets I've gotten I have deserved if only for the many many times I've violated the law before. Which is not to say I'm cheery about paying the fine...


Git Real's picture
Submitted by Git Real on Thu, 09/27/2007 - 7:07am.

We're the Super Hero Team of the Journalistic Truth And Honesty For The Little People club.

Hey, No apology needed. Do you think that I really got bent out of shape because you challenged me? I loved it and had a grin on my face the whole time. Smiling You have to understand that I have to draw attention to certain issues around Fayette County that otherwise would go unnoticed. I get tired of seeing our politicians, judges, law firms, certain businesses, and yes, even some of our law enforcement folks put on a pedestal because they belong to the Kiwanis Club or give a few hundred dollars to to Sam's School. All this, while behind our backs they're being less than honorable with the tasks they've been entrusted to perform. Heck, I bump into a few a church these days that I refuse to even look them in face because I know first hand as to how they conduct themselves in the realms they operate in.

Regarding the 'Stop Sign Guy'. I'm going to legally change my name to Git Real so Noah can be satisfied that I am who I say I am. Plus, I could then annoy some locals by filing an ethics complaint or two. Heck, Only difference is mine will have some meat to it unlike that phony and annoying complaint that was filed against ole Steve Brown. I still chuckle at the ineptness of the attorney that went after ole Stevie Boy. Remember how Steve ripped those guys a new one? Smiling

Personally I have never received a ticket that I didn't deserve. I didn't like them a bit, but I admit that I deserved them. All except that one though. Puzzled Chuckle! For many years now I try to make the officer feel comfortable with me and I just tell him the truth. Because of that I've even been let off a few times. And I always end the 'transaction' by thanking him for the thankless job he / she does. There ain't no way I'd be cop for the pitiful monies those guys make. That job along with being a fireman and EMS worker requires a special calling.

Yup! Git & Munford. Like my daddy always tells me.... "Boy! If you apply yourself there ain't nothin' you cain't accomplish". Well Daddy! I'm gonna make you proud. John and I are going to become Super Hero Bad Guy Gitters together. Now... who we gonna git first?

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

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

CLICK HERE FOR THE REST OF THE STORY


cogitoergofay's picture
Submitted by cogitoergofay on Wed, 09/26/2007 - 9:25pm.

Git is right---when it comes to our legal system, no one is guarding the hen house. Lawyers and judges are just like Congressmen---- all they care about is perpetuation of power and incumbency. They use federal tax dollars for flowers in Fayetteville, incurring a huge bureaucratic excise to take our money and give it back. The courts are no different.

A painful example is found in today's AJC. First let me say that I favor the death penalty. The story is about the requirement that the State Supreme Court has to compare death cases to other cases to justify the death penalty. Now it turns out that they regularly used cases that were tossed out. Oops...

When asked, quintessential incumbent bureaucrat Chief Justice Sears said "we are doing what we can to make things better on our end", declining to specify what steps were being taken to correct this horrific error. Hey, you're executing people.

So with sloppiness with our top judges on death penalties like that, why would Git bother to file a complaint against a piker judge like Maxwell? Nothing would happen.

In Maxwell's case one is reminded of Proverbs: "He who cannot be trusted with small things cannot be trusted with great things."

In the case of the Georgia Supreme Court he who cannot be trusted with big things gets a big fat taxpayer funded pension.

And, John--- if we can't count on the press to at least ask the questions, and question authority, then we are in very great trouble.


Denise Conner's picture
Submitted by Denise Conner on Wed, 09/26/2007 - 9:57pm.

"take our money and give it back" -- You're right about that. But don't forget that we NEVER get back very much at all of what's been confiscated. Why do so few people acknowledge that fact and want the government to take over more and more?

For some good bedtime reading, see Citizens Against Government Waste.

"Citizens Against Government Waste (CAGW) today celebrated a major victory over one of the most infamous pork barrel projects in recent history, the 'Bridge to Nowhere.'" -- Now, that's something be happy about!

Cartoon -- How low can they go?

Sen. Tom Coburn seems to be one of the few politicians who has remained a true conservative. He's not too popular with fellow Republicans from what I've heard.


John Munford's picture
Submitted by John Munford on Wed, 09/26/2007 - 9:55pm.

WHERE -- oh Cogitego -- can you tell me, did I ever say that the Maxwell as campaign manager story was NOT newsworthy?

I haven't. I just can't get to that story RIGHT NOW. Ironically I spent most of today in court on a child molestation case, in addition to much of yesterday. And I was with the planning commission til 10ish Monday night ... and I'll be with the Fayette County Commission (and "my buddy" Eric) Thursday night.

Guys and gals it has NOTHING to do with me being afraid of big bad Eric or any other politico. It has EVERYTHING to do with several criteria of news judgement including timeliness (let's see, he was campaign manager how many years ago?). There's another elections innuendo thatmay end up being hotter than this ... but I haven't had time to look into that one either.

MOREOVER: the current term of Superior Court not only trumps this story ... but next week Cylenthia Clark is going to be in court on her felony cruelty to children charge.

Yep, I'm so afraid of the public officials that I wrote a column on Ms. Clark asking the GOVERNOR of Georgia to set things straight. Not that he listened -- but I did get a good poke in at his spokesman too.
Click HERE for that column...

The gov's office didn't notice 'cause they're too busy hating the AJC I guess.


Paul Perkins's picture
Submitted by Paul Perkins on Thu, 09/27/2007 - 12:02pm.

I did investigate the possibility of filing an ethics charge, but guess what? Turns out that if the State Bar took action it not subject to discovery or the Freedom of Information Act. So what's the point?

In a previous post, I referred to the bigger picture of whether
Eric's conduct is right not whether it's legal or not.

I even offered Eric a chance to defend himself in this post.

Slavery was once permitted under the law, but was never morally right.
Ripping children apart limb from limb 5 minutes before they are born is currently legally, but never morally right.

Anyway, my modest proposal is that, given the other stories you have going, what not just put up one of those polls on the site and let everybody vote yes or no to the question "Do you agree it's right for a sitting Judge to pressure a prosecutor to drop charges on a defendant?"

Let the people speak either yes or no.

______________________________________________________________________
Laws are made for men of ordinary understanding and should,
therefore, be construed by the ordinary rules of common sense.
Their meaning is not to be sought for in metaphysical subtleties
which may make anything mean everything or nothing at pleasure.
Thomas Jefferson on the court system


Denise Conner's picture
Submitted by Denise Conner on Wed, 09/26/2007 - 9:24pm.

You called it right. Keep the spotlight on these guys. You've been missed.

And you're definitely right about an "ethics" complaint. Almost no lawyer has any ethics. The foxes are guarding the hen house, and the criminals protect their fellow criminals. What does "is" mean anyway? Puzzled

And just think -- most politicians are what? LAWYERS!

But maybe if enough of us filed complaints, then Maxwell and other lawyers would at least get a slap on the wrist.

Anything I'd file would be based on hearsay and not have much credibility, wouldn't it? Shouldn't Ballard as D.A. speak up?


Git Real's picture
Submitted by Git Real on Tue, 09/25/2007 - 9:29pm.

The Iranian Terrorist President Adolph Mahmoud Ahmadinejad has the press defending and justifying his stupidity and criminal actions in his home country and Eric Maxwell has the press (John Munford) defending his admitted stupidity and flagrant abuse of the rules in his home county. Eye-wink

Dear John,

Sorry for the long delay in responding in regards to the Maxwell / Abuse Of Power Issue. Where I’ve been for the last 10 days I couldn’t get internet service. Goodness sake! I was starting to have withdrawals. Shocked Now let me get down to business……

Why didn't you work as hard in bring this to a law professor or one of the state boards for clarification if you really wanted to report the truth? Instead of spending so much time and effort defending Eric Maxwell, why didn't you take the time to research and differentiate the differences between a part-time contractual judge [which Eric is] and an emergency pro-tem judge that is drug off the street to fill-in during an emergency absence or judicial conflict for the sitting judge. Why didn't you clarify and do this in the first story. Or are Maxwell's lawyer cronies telling you what to say or how to interpret the law?

John, please look at the date of the Judicial Codes of Conduct that you reference. They are outdated. You should also look up the ones that are current which came into effect in January of 2004. The one you cite is dated January of 1998. You would at least think the State Bar of Georgia would pay attention to detail since that is what they supposedly were trained for and get paid to do. But what do you expect? Lawyers are inherently lazy to begin with. Now go research this stuff for yourself before you vomit up what Maxwell or his buddies told you to say. Hey look...I'm no lawyer but it's obvious you need to put a little more research into this issue.

As a kicker, why don’t you look up Canon 7 and see what it says about judges actively endorsing candidates for office. I think that you will find that it is forbidden? Puzzled

Hmmmmm… look at the copy of THIS DESPERATE LETTER SENT OUT BY SCOTT BALLARD. It is a copy of a fundraising letter I received from Scotty himself. Notice who the Chairman of Scotter’s re-election campaign is. Gee... doesn’t it look like another clear violation of the Judicial Codes Of Conduct. What say you?

I’ll now sit back and wait for you and McDawg to defend Maxwell on this blatant violation of the rules. To quote my friend McDawg….”but it looks like in this case, he did nothing wrong under Ga Law.” Look closer guys.

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

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

CLICK HERE FOR THE REST OF THE STORY


tortugaocho's picture
Submitted by tortugaocho on Wed, 09/26/2007 - 3:23am.

Git Real is holding 'em accountable. And with humor. That was very funny. Munford's defense of Maxwell's courtroom antics (what did Steve Brown call it--- "political courtroom muscleflexing") was embarrassing. OK-- so if it was so defensible why didn't Maxwell just finish it out in that court rather than asking for a re-do in the other court? He went in there, got rebuffed and backed off because he knew it was wrong, he got caught and had to cover his tracks.

I think the reason John Munford defended him and why you won't hear anything more about this story and why he didn't look at it fully in the beginning is just obvious human nature. For most reporters, life is easier if you just have the office holders feed you your copy. Rare are the reporters who won't back down from threats of being cut off by the incumbents. Come to think of it---remember the reporter at the Citizen that was threatened by Commissioner Robert Sprayberry? What was the name? Sprayberry said "You print that and you might as well throw away my cell phone number." In that case, the Citizen made it the lead story. The reporter risked getting cut off. Most reporters are like the Fayette Daily News--- just suck up to the incumbents and let them write the stories for you. Heck, its a lot easier.

And Git---- don't expect SWMBO to respond. Lawyers are not about finding the truth. So, when they are wrong they don't admit it--- they just ignore those losing points.


KraftyFla's picture
Submitted by KraftyFla on Wed, 09/26/2007 - 8:46am.

The Citizen Reporter who did not back down from Commissioner Bob Sprayberry? That would have been Lana Middleton. I thought she was great. Young and fearless. She made many overweight, middleaged, good ole boy politicians very nervous. As for Sprayberry, the voters took him to the woodshed and he has not been heard from since. You're right--- for most it is easier to just be spoonfed.


mapleleaf's picture
Submitted by mapleleaf on Wed, 09/19/2007 - 12:52pm.

A person who works as a judge one day a week, or even one day a month, is a part-time judge.

A person who works as a judge for a whole month and then goes back to the practice of law as an attorney is a judge pro tempore or "pro tem." (Pro tempore means "for a time" or temporary, as opposed to indefinite or permanent.) That's when there is no realistic expectation of his coming back as a judge any time soon.

A person who works as a judge for a day may be a judge pro tem if each gig is viewed separately, but if he works repeatedly then he is a part-time judge no matter whether he calls himself pro tem or not.

If it's likely an attorney will soon come back as a judge in a court, then his/her practicing in that court is improper, especially (and most obviously) when the attorney/judge will be called upon to rule in matters presented by a former opponent like a prosecutor.

Is a client best served when his case is moved from a municipal court to a State Court for the benefit of his lawyer? I wonder.


Git Real's picture
Submitted by Git Real on Tue, 09/25/2007 - 9:32pm.

Well done on describing the differences between a 'part-time judge' and a 'judge pro tem'. Smiling

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

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

CLICK HERE FOR THE REST OF THE STORY


ptctaxpayer's picture
Submitted by ptctaxpayer on Wed, 09/19/2007 - 11:26am.

Reading John Munford’s clever legal defense of Eric reminds me of Bill Clinton’s perjury trial when he tried to wiggle out of it with a legal definition of “sexual relations” or whatever with Monica.

Good job, counselor !


Paul Perkins's picture
Submitted by Paul Perkins on Wed, 09/19/2007 - 9:45am.

I understand your point on the judge pro tempore clause, but you're missing the far bigger picture on this. Whereas an attorney, is to avoid actual conflicts of interest, judges are to avoid even the appearance of a self-dealing conflict. They are held to a higher standard by both the law and the public trust.

Therefore
So what if part time judges are allowed to practice in their court?

Everyone's problem is that a sitting judge would bring pressure on a prosecutor (who will face this judge later to drop the charges on a friend!

He should be called to task on this.

I don't think this is how "equal justice under law" is supposed to work?

What's your opinion?

_____________________________________________________________________
Laws are made for men of ordinary understanding and should,
therefore, be construed by the ordinary rules of common sense.
Their meaning is not to be sought for in metaphysical subtleties
which may make anything mean everything or nothing at pleasure.
Thomas Jefferson


Denise Conner's picture
Submitted by Denise Conner on Wed, 09/19/2007 - 11:40pm.

Paul, you forgot the beginning "less than" sign. Smiling


Submitted by McDonoughDawg on Wed, 09/19/2007 - 7:53am.

there was nothing to latch onto. I laugh out loud at some of the vitriol spewed forth on these here internets.

I didn't vote for Maxwell, many on here said I was crazy as Maxwell would save us from sure doom we were facing under Dunn, but it looks like in this case, he did nothing wrong under Ga Law.

Submitted by lawaboveall on Wed, 09/19/2007 - 9:30am.

What I find interesting is that, based on his comments at the time and subsequently, even Maxwell thought he was doing something wrong.
He did it anyway. Do we see a pattern here?

Submitted by McDonoughDawg on Wed, 09/19/2007 - 10:38am.

There were reasons I didn't vote for Maxwell. He acts and thinks like a Lawyer, mainly because he is a Lawyer.

I think Lawyers have their place. Way too much, they get the lines blurred when they mix their Lawyering and Politics.

Denise Conner's picture
Submitted by Denise Conner on Wed, 09/19/2007 - 1:38am.

"I just wonder how many other laws you [Eric Maxwell] are comfortable breaking in order to push your agendas." -- Does make you wonder, doesn't it? Puzzled

I can say one thing for Dan Lakly; he always answers emails personally (not a form letter) and asks questions, too, which shows that he's read the letters and has thought about them. THANKS!

"A great big SALUTE to the lady prosecutor who refused to disregard the law when asked to by Maxwell." -- THANKS for your COURAGE and HONESTY!


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