Has Chattooga County Chief Magistrate Violated the Judicial Qualifications Commission Canon of Ethics AGAIN?
February 23, 2010
As most readers will remember, Chattooga County Chief Magistrate Tracey Maddux violated Canon 2, B, of the Judicial Canon of Ethics, when he lent the prestige of his office in defense of Bobby Lee Cook, and lied in doing so. In early 2008, Maddux wrote a letter to the Georgia State Bar, defending Bobby Lee Cook’s vulgar name calling of this reporter, during a deposition, under color of law.
This reporter had filed a Grievance against Bobby Lee Cook after Cook called her “Miss Nipples” during a deposition. Those comments which are considered intimidation and sexual harassment under Federal law of her, were recorded in the transcript. When she called an end to the deposition for this Color of Law violation, Cook then ordered her out of his office, calling her a “God Damn Bitch” and a “Fool” as testified to in Tracey Maddux’s courtroom by Dalton attorney Steven Farrow.
While this reporter did not feel it was necessary to take the stand in a probable cause hearing against Bobby Lee Cook, believing the eye witness testimony of attorney Farrow, as well as the evidence of the transcript proving the vulgarities uttered by Bobby Lee Cook, would be enough probable cause to issue a warrant for Cook’s arrest, Magistrate Maddux found no probable cause.
After the hearing, Maddux approached this reporter in the hallway outside of the courtroom, and in front of witnesses told this reporter that he would have found probable cause had she taken the stand.
However, one short month later, Maddux wrote a letter to the Georgia State Bar, lying to the Georgia State Bar:
“I determined at a regular hearing that there was no basis for the application for a criminal warrant for Bobby Lee Cook as there was no probable cause.I also determined that there was more than sufficient provocation for anything Mr. Cook may have said to her, based upon the scurrilous and false comments that she had made on her website concerning himself, his daughter Judge Connelly, his family and many others too numerous to name, based on the testimony of Stephen Farrow”.
But Canon 2, part B of the Judicial Qualifications Canon of Ethics sayssays:
Canon 2 Judges - Shall Avoid Impropriety and the Appearance of Impropriety in All Their Activities.
B. Judges shall not allow their family, social, political or other relationships to influence their judicial conduct or judgment. Judges shall not lend the prestige of judicial office to advance the private interests of the judge or others; nor should they convey or permit others to convey the impression that they are in a special position to influence them. Judges should not testify voluntarily as character witnesses.
I am guessing it is understood that judges should not lie, too.
So, now, someone who reads another website, the Summerville Topix, called me this evening to tell me that Magistrate Maddux has posted, as himself,on Summerville Topix, about a case pending in his own court, and involving his second cousin, contrary to Canon 3,Part B, Adjudicative Responsibilities, #2 and #9:
Canon 3 Judges Shall Perform the Duties Their Office Impartially and Diligently
B. Adjudicative Responsibilities.
(2) Judges should be faithful to the law* and maintain professional competence in it. Judges shall not be swayed by partisan interests, public clamor, or fear of criticism.
(9) Judges shall not, while a proceeding is pending or impending in any court, make any public comment* that might reasonably be expected to affect its outcome or impair its fairness or make any non-public comment that might substantially interfere with a fair trial or hearing. Judges shall require* similar abstention on the part of court personnel* subject to their direction and control. This subsection does not prohibit judges from making public statements in the course of their official duties or from explaining for public information the procedures of the court. This Section does not apply to proceedings in which the judge is a litigant in a personal capacity.
Commentary: The requirement that judges abstain from public comment regarding a pending or impending proceeding continues during any appellate process and until final disposition. This Section does not prohibit judges from commenting on proceedings in which the judge is a litigant in a personal capacity, but in cases such as a writ of mandamus where a judge is a litigant in an official capacity, the judge must not comment publicly.
However, on February 18, 2010, under a thread called “Busted Papers Mystery” on the Summerville Topix, T.L. Maddux posts as himself, and writes at the following, (I am leaving the misspelled words) at Post #149:
Donnie Maddux would be my 2nd cousin. I have not spoken to him in a year. I have just read this thread and will not discuss the pending case other than to say we only determine whether probable cause exists to issue an arrest warrant. Mr Benefield is innocent until proven guilty. Magistrate court hearings are open to the public with calender call begining at 10am on Tuesdays and Thursdays. Please feel free to come in and observe court anytime. With this information please draw any conclusions you wish. I will be in Atlanta tomorrow so I will not be responding to any comments. Thank you. TL Maddux.
I would say that this certainly constitutes public commentary, and violates the Canon of Ethics, going beyond the allowance to explain procedure to the public. He mentions the case involving his cousin, which is pending, and mentions how long it has been since he last saw his cousin.
You, the public, can decide for yourselves.
Teresa Watson
Comments (6)
Dear Blue Eyes:
Your various comments are certainly “on point” and well deserved by those Scurrilous Horrendous Idiotic Trash Suckers involved. The State Bar as well as the JQC have been notified, via attested submissions, multiple times over the years, yet they do nothing as you understand. Their promises and warnings are like crying WOLF too many times. Those “in charge” are simply afraid or otherwise somehow incapable of doing their job. They need to start each day reading the Mission and Purpose of their position, then do the job or get out of the way.
I recently received an announcement of John Murtha’s death, preceded by the lead-in of “Finally, some good news.” I am looking forward to more good news in the very near future.
Semper Fi
Dear Reform,
Long time no see!
Well, I spend a day in Atlanta, and the boys and girls all come out to play. I am a fan of Blue Eyes, too. He, like most of my readers, including you, see life WITHOUT benefit of the Rose Colored Glasses so many like to wear. Kool-aid posters rarely post here, anymore, although I know they are watching and reading, because you all reveal their naked shame, and send them crying home to mommy.
Then, they gather together on the Western Brow to make up an alternate “Reality” on other websites, reminiscent of Bagdad Sam’s propaganda and “reality”.
Very funny stuff, when it is not just inane, sexual name-calling crap to distract other serious truth seekers.
tw
PS - I was just scrolling through, after addressing a few other comments, and realized you had placed an acronym in your first sentence. I think my blood sugar is low…better go eat. Duhhhh and, very funny.
TW, this is the INTERNET. You know, like in World Wide Web. Anybody can pretend to be anybody. Did you verify that the REAL judge posted remarks on TOPIX, for gosh sake? About a newspaper called “Busted?”
Now THAT IS FUNNY.
Dear R,
“Busted” is a sheet put out which carries the names and photos of those who have been arrested in various locations.
As to the “judge”, I had persons who work around the good judge share that he was quite pleased about his post.
The last time I tried to speak to the Good Judge, he told me, in front of witnesses, (including a GSP Officer), that Chattooga County Attorney Chris Corbin had told him not to speak to me. In fact, at that time, he refused to even accept service of legal pleadings from me, even though at that time, he was not officially represented by anyone, and was required by law to do so.
He just keeps violating the Georgia State Code. Of course, Chris Corbin, who had filed pleadings on behalf of some other folks in that same law suit, REFUSED service of pleadings from me, too, regarding them, so the Good Judge was taking his cues from an attorney who breaks the law, too.
So, I have to get my confirmation from other sources, if he is not willing to speak to me.
Of course, in your bouncing back and forth across state lines, it is little wonder you cannot keep up. If you would settle down, (In Chattooga, not Floyd), you could run for his position. Now that’s something to think about! CCMJ not FCPJ
tw
Bouncing across state lines? You have me confused with someone else, TW. And the last thing I want to do is run for office ANYWHERE. How about you?
Dear R,
NO WAY José ! Not enough money, not enough ego.
Perhaps I do have you confused with someone else. A mutual friend of whom I thought you were, told me that you were, in fact, an individual who has run for public office before,and who bounces across state lines these days. If I am wrong, then My Bad, and Shame on that “friend” for telling me a “Fact” which is not true.
tw
No, TW, I have never run for public office in any state and would not for the same reasons you stated. It’s quite comical how people really think they know who other people online, isn’t it?
Dear R,
Very funny. If you are not the political type, than you and I just might like each other, or at east get along.
Perhaps we will meet, SOMEDAY?
tw
Perhaps we already have, TW. This is the internet, you know!! lol
Dear R,
LOL!
tw
Just one instance of the arrogance of the Judicial system. Not just in Chattooga County but in all of Northwest Georgia. For a Judge, Magistrate, Superior, Juvenile or whatever to comment on a public forum is unacceptable. Maddox changed 100% from Court day to the day he wrote his letter to the Ga. State Bar Association. I heard him make the comment in the Hall and then thanks to this site was able to read the following direct from his letter. “THERE WAS MORE THAN SUFFICIENT PROVACATION FOR BOBBY LEE COOK TO SAY WHATEVER HE LIKED, BASED ON THE FALSE AND SCURRILOUS COMMENTS SHE HAD MADE ON HER WEBSITE CONCERNING BOTH HIMSELF, HIS DAUGHTER AND OTHER FAMILY MEMBERS BASED ON THE TESTIMONY OF STEVEN FARROW. (paraphrased) Now Mr. Farrow is a licensed Lawyer practicing in Dalton, Ga. and an officer of any court in which he appears. But in this particular case Mr. Farrow’s testimony was completely ingnored. Judge T. L. Maddox’s letter to the Bar was in my opinion either written or dictated by Bobby Lee Cook himself as I have never heard another Lawyer use the term Scurrilous except to refer to Mr. Cook. If the Law as been broken and it appears it has, Judge Maddux needs to meet the same requirements as the people he so often sends to Jail. If in fact there has been a violation again, It must be acted upon.
BTW anyone on this site who believes the “State Bar Association is anything but a group dedicated to keeping their “Owners and Dictators” out of trouble, then you are so sadly mistaken. They send the crazies to the asylum, The alcoholics and druggies to Rehab. and the Crooks, they put on a pedestal and politic for their Painting to be displayed in the State Capital. What a travesty.
Dear BE,
Dear Blue Eyes,
I spent most all day in Atlanta and surrounding environs, and got back to find not one, not two, but THREE comments from you. Another poster appreciates your sensibilities.
BTW, at one of the “venues” I was at, I thought I caught sight of AlPal, looking very pale, indeed. But surely he was not in Atlanta visiting one of our Federal Buildings, was he? I am sure it must have been someone else.
tw