Grand Jury to Consider This Week Charges Against Former Hart County Probate Judge

A Hart County grand jury is expected to decide this week whether there is enough evidence to indict Hart County Probate Judge Bob Smith on misdemeanor simple battery and misdemeanor intent to commit sexual battery charges.

The grand jury is expected to begin meeting today in Hartwell and Smith’s case is one of a number they will be considering this week.

Smith was arrested in May after a woman who came to him for help with a traffic ticket in Bryan County told authorities Smith allegedly fondled her and kissed on the mouth without her permission.

The alleged incident happened on May 21st.  Smith turned himself to the Hart County Sheriff’s office on May 23rd and was later released on bond.   He then submitted his resignation on July 23rd for reported health reasons.

Smith’s last official day is September 30th, but he is listed on medical leave and he is no longer working in his official capacity as probate judge. An interim probate judge has since been appointed.

Last month, Smith’s attorney Tim Healy said his client’s request to speak at this week’s grand jury hearing was denied by District Attorney Parks White.

In a recent press release, Healy stated his client is a constitutional officer and under Georgia law, is therefore entitled to speak at a grand jury hearing.

“The District Attorney previously offered to allow Judge Smith to give testimony before the Grand Jury and to provide Judge Smith with a copy of the proposed indictment at least 15 days before the Grand Jury hearing. This is because Judge Smith is a public official under Georgia law,” Healy wrote. “Now, the District Attorney claims that the law does not provide this right to Judge Smith. Judge Smith and his attorneys disagree with this interpretation of the law.”

However, White tells WLHR News he had offered Smith a plea deal as requested by his attorneys, but his attorneys never responded by the deadline, and the criminal investigation against Smith continued.

“Shortly after Judge Smith’s arrest, attorney Tim Healy contacted me personally and requested that the State enter into an agreement to forego prosecution of allegations contained in the initial arrest warrants in exchange for Judge Smith resigning from the bench,” White said Wednesday. “Let me be clear – Mr. Healy requested this resolution on behalf of his client. Acting in accordance with my professional obligation of diligence and expediting litigation, I met with the victim and discussed the possibility of resolving the case in such a fashion. On June 6, 2014, I then submitted to Mr. Healy a proposed agreement, offering to forego prosecution of the warrants, as he requested, conditioned on Judge Smith resigning from his position as Probate Judge for the county of Hart in accordance with the provisions and terms requested by the Judicial Qualifications Commission (JQC) no later than 15 June 2014.”

But White said that deadline came and went.

“I agreed to extend the offer by a week. Then to the end of the month,” White said. “Mr. Healy and Mr. Moore continually stalled and claimed the delay was attributable to either each other, or the JQC. When it became apparent that they had no intention of resolving the matter in the manner which Mr. Healy had requested, the offer was withdrawn and the investigation recommenced. Since that time, additional evidence has been collected and additional witnesses have come forward.”

White said Georgia law only allows for certain elected officials to be present at Grand Jury when the State intends to present charges under a specific set of circumstances.

The code section affording such a right to elected officials specifically says, “This Code section shall not apply when a public officer is charged with any other crime alleged to have occurred while such official was in the performance of an official duty.” (OCGA § 45-11-4(d)).

The code also says, “This Code section shall only apply to a public officer holding office at the time of indictment and not to former office holders.”

“Ultimately Judge Smith tendered his resignation on July 23, 2014, one month and seventeen days after the offer Mr. Healy requested had been extended, and over a month after the deadline for acceptance,” White said.

Healy said his client is ready and willing to defend himself when the Hart County Grand Jury meets August 18.

“Judge Smith denies all the charges made against him and the ones expected to come,” Healy said. “He has not admitted to any wrongdoing because he is innocent. Judge Smith looks forward to defending himself and vindicating his name and innocence.”

Healy said in his press release, he also expects the DA to bring more charges against Smith during the grand jury hearing.

“Refusing to let the matter go, we now have reason to believe that the District Attorney plans to seek  multiple indictments against Judge Smith,” Healy’s press release said.

White has not commented on Healy’s assertions, but will only say the case is still under investigation.

If the grand jury returns a true bill against Smith, the case could go to trial at a later date.

Meantime, the Hart County Board of Commissioners has called for a special election to permanently fill the Hart County Probate Judge seat.

At their regular meeting last week, the board voted to place the special election on the November ballot.  They have also hired an outside law firm from Atlanta to oversee the special election process. 

The qualifying dates have not yet been announced.