On Tuesday, September 10, 2024, Law.com reported that an investigation into alleged judicial misconduct involving Fulton County Superior Court Judge Shermela J. Williams is advancing toward an ethics hearing. The inquiry, overseen by the Judicial Qualifications Commission (JQC) of Georgia, has been initiated under the new leadership of Georgia Court of Appeals Judge Brian Rickman.
According to an order issued by the JQC Hearing Panel, a pre-hearing conference is scheduled to take place shortly after October 21, 2024. At this conference, Judge Rickman, in consultation with other panel members, will determine the date for the formal hearing. The scheduling order, filed by Rickman on August 22, outlines the next steps for the ongoing investigation into Judge Williams.
The order specifies that both parties are required to exchange names and addresses of individuals with relevant knowledge and all pertinent evidence by September 20, 2024. Additionally, JQC Director Courtney Veal is required to provide Judge Williams with all exculpatory evidence related to the formal charges by the same deadline.
By October 21, 2024, the parties must also disclose the names and addresses of all witnesses they plan to call at the hearing, which includes those whose testimony may be presented via deposition. Furthermore, the scheduling order mandates that any dispositive motions must be submitted by November 20, with responses due by December 20 and additional replies due by January 6, 2025. Following these submissions, Judge Rickman is expected to announce a formal hearing date for Judge Williams.
The investigation against Judge Williams stems from formal ethics charges brought by Veal in June. The accusations include engaging in ex parte communications during a pending case, delaying resolutions in family court matters by not issuing timely final orders, and failing to maintain impartiality in child custody decisions. These allegations are associated with three complaints filed against Judge Williams with the JQC between 2022 and 2023, concerning her handling of at least eight cases since taking office in 2021.
In the 56-page charging document, Veal asserts that Williams has not acted in a manner that fosters public confidence in the judiciary’s independence and impartiality. Among other charges, she is accused of allowing personal relationships to influence her judicial decisions and violating ex parte communication rules as specified in the Code of Judicial Conduct.
In her response to the charges, filed in July, Judge Williams, represented by attorneys Gabe Banks and Jamala McFadden, admitted to directly contacting a respondent regarding a personal child custody matter. However, she provided conflicting statements on whether she had informed the opposing party about this communication.
Williams’ legal team presented nine defenses against the 17 counts of misconduct outlined in the charges, advocating for the dismissal of the case. They argued that the charges lack a factual or legal basis for disciplinary action by the JQC. Additionally, they claimed that the JQC exceeded its authority by attempting to impose standards of conduct not permitted under the Georgia Constitution.
Source: Law.com
