On Tuesday, January 31, 2023, the Judicial Qualifications Commission of the State of Georgia issued its Report of Disposition relating to the complaint against Gordon County Magistrate Court Associate Judge Larry Bain alleging judicial misconduct.
The case is styled In re: Inquiry Concerning Judge Larry Bain, with case no. JQC Complaint No. 2022-1056.
The charges cited Rules 1.1, 1.2(A), 1.2(B), and 2.8(B) of the Code of Judicial Conduct, which state:
Judges shall respect and comply with the law.
Judges shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary.
Judges shall participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe such standards of conduct so that the independence, integrity, and impartiality of the judiciary may be preserved.
Judges shall be patient, dignified, and courteous to those with whom they deal in their official capacity.
According to the Commission’s report, the Investigative Panel, after its receipt of the Complaint against Judge Bain, found reasonable cause to believe that Judge Bain violated the Code of Judicial Conduct because of the inappropriate and undignified remarks Judge Bain has made to a colleague regarding how he intended to handle an issue with another courthouse employee.
The investigation further revealed that Judge Bain is deficient in the required training hours for Magistrate Judges and is currently residing in the state of Tennessee.
Before the Commission could issue its Report, Judge Bain resigned from his position, effective February 1, 2023. For this reason, the Investigative Panel and Judge Bain mutually agreed upon the disposition of the instant complaint as set forth in the Consent Agreement.
The Consent Agreement states:
‘In light of Judge Bain’s resignation; his agreement not to seek, request, or accept any elected or appointed judicial office, position, or status in the future; and in lieu of further investigation by the Investigative Panel, the Panel has determined that resolution of this Complaint by Consent Agreement is “a fair disposition of the matter and is in the interests of justice.”’
In view of the foregoing facts, the Commission deemed it proper to issue its Report of Disposition in relation to Judge Bain’s resignation as well as to the Consent Agreement to resolve the above-referenced complaint.
Judge Larry Bain’s former courtroom is located at 100 South Wall Street in Calhoun, Georgia.
A copy of the original filing can be found here.