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Supreme Court of Georgia · other

Inquiry Concerning Judge Robert Reeves

Filed July 30, 2024 · Docket S23Z0337 · 905 S.E.2d 1

The Supreme Court of Georgia accepted a discipline agreement suspending a Middle Judicial Circuit judge for 30 days without pay and ordering a published public reprimand, after he agreed not to seek reelection.

In plain language

Judge Robert Reeves, chief judge of the Middle Judicial Circuit Superior Court, faced 58 formal misconduct charges brought by the Director of the Judicial Qualifications Commission covering seven years on the bench. The charges included using coarse and demeaning language toward women, unwanted physical contact with a female lawyer, improperly trying to influence criminal prosecutions, and misusing his office to help a charity raise money. Judge Reeves and the Director reached an agreement in which he admitted or acknowledged provable evidence on 33 of the counts, and a hearing panel found this proved by clear and convincing evidence that he violated several judicial conduct rules. The panel recommended a 30-day unpaid suspension and a published public reprimand, and Judge Reeves agreed not to seek reelection when his term ends in 2026. The Supreme Court of Georgia agreed the sanctions fit its past cases and accepted the agreement.

What the court decided

The court held that a 30-day unpaid suspension followed by a published public reprimand was an appropriate sanction for a judge's admitted 14 instances of misconduct over seven years, given the conduct's breadth but comparatively lesser severity than cases warranting harsher discipline, and given his acceptance of responsibility and agreement not to seek reelection.

Why it matters

The decision shows how Georgia disciplines sitting judges for repeated misconduct short of removal from office, and signals that judges who mistreat lawyers or interfere with prosecutions can face suspension and public reprimand while still finishing out a final term.

Outcome

Discipline by consent accepted; 30-day suspension and public reprimand ordered

How the court got there

  1. The Hearing Panel reviewed Judge Reeves's admissions under the discipline-by-consent process (JQC Rule 23), which allows a judge to admit charges or admit that evidence exists to prove them, and found by clear and convincing evidence that he committed the charged acts.
  2. The panel concluded his conduct violated multiple Code of Judicial Conduct rules, including duties to promote public confidence in the judiciary, to be dignified and courteous, to avoid sexual harassment, to avoid ex parte communications (private contact with one side outside the other's presence), and to avoid soliciting funds for outside organizations.
  3. The court found this misconduct amounted to willful misconduct in office, habitual intemperance, and conduct prejudicial to the administration of justice, the categories of judicial wrongdoing the Georgia Constitution allows courts to sanction.
  4. Comparing this case to prior judicial discipline rulings, the court found Judge Reeves's conduct more wide-ranging than cases warranting only a public reprimand or a short suspension, but less severe than a case involving a judge who abandoned her duties and wrongfully jailed defendants, which drew a 90-day suspension.
  5. The court concluded the case was most similar to prior cases imposing a 30-day unpaid suspension with a public reprimand, and found that Judge Reeves's acceptance of responsibility and agreement not to seek reelection helped justify accepting that sanction rather than a harsher one.

From the opinion

Most of these episodes involved [Judge] Reeves’s use of coarse, insensitive, demeaning, and/or insulting language, particularly with women.

Per Curiam · Summarizing the pattern of misconduct found in the judge's admitted charges.

Topics

  • judicial misconduct
  • public reprimand
  • unpaid suspension
  • Judicial Qualifications Commission
  • sexual harassment allegations

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