State Committee Calls for Investigation into Hart County Probate Judge

The Georgia Judicial Qualifications Commission has filed a Motion for Emergency Interim Relief with the Georgia Supreme Court to remove Hart County Probate Judge Bob Smith from office pending the outcome of formal proceedings.

According to their Web site, the Judicial Qualifications Commission was created by Constitutional Amendment in 1972 to conduct investigations and hearings with respect to complaints of ethical misconduct by Georgia judges and is also authorized to issue Advisory Opinions regarding appropriate judicial conduct.

The Commission is composed of: Two (2) judges of any court of record selected by the Supreme Court of Georgia Three (3) lawyers, each of whom must have had at least ten (10) years experience, appointed by the State Bar of Georgia Two (2) citizens, neither of whom shall be members of the State Bar, appointed by the Governor All members serve four (4) year terms and until their successors are appointed and qualified.

WLHR News has obtained a copy of the motion, dated July 15, in which the Commission asks the Supreme Court to appoint a Special Master to look into the alleged misconduct of Judge Smith and his subsequent arrest and decide whether Smith should be suspended from office pending the resolution of  formal proceedings.

Smith turned himself in on May 23rd to the Hart County Sheriff’s office on charges of misdemeanor simple battery and criminal attempt to committ sexual battery. He was later released on bond.

According to the filing (http://www.gajqc.com/news.cfm), on May 21, Judge Smith allegedly called the Bryan County Probate Judge’s administrative assistant on behalf of a woman who had gone to him for help with an outstanding traffic citation in Bryan County.

During that phone conversation, the filing states Judge Smith allegedly falsely stated that he was calling on behalf of his granddaughter in an attempt to influence the outcome of the woman’s case.

Additionally, the filing states that the victim told authorities that after that phone call, Judge Smith allegedly fondled and kissed her without her permission.

Georgia Judicial Qualifications Commission Chair Robert D. Ingram states in the filing that Smith reportedly admitted to both allegations during interviews with the Commission’s Chief Investigator.

Smith also reportedly admitted he, “commonly hugs and kisses various women at the courthouse, including his employees and that they ‘never complain.'”

The Judicial Qualifications Commission motion concluded, “The continued service of Judge Smith as Probate of Hart County is causing immediate and substantial public harm and an erosion of public confidence in the orderly administration of justice. His conduct appears to be in violation of the Georgia Code of Judicial Conduct.”

Judge Smith continues to work as the Hart County Probate Judge.

Northern Judicial Circuit District Attorney Parks White recently told the Hartwell Sun, Smith’s case locally, will now go to a Hart County Grand Jury, which meets again in mid-August.

A full transcript of the Commission’s motion is available online at: http://www.gajqc.com.  Click on “Recent Commission Actions and Notices” on the left-hand side.