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Judge candidates lining up
By Blake Spurney Editor
At least five candidates have surfaced as possible replacements for Ernest H. "Bucky" Woods III, chief judge of the Mountain Judicial Circuit.
No timetable has been set for finding a replacement for Woods, whose 17-year tenure as judge comes to an end Friday.
Woods announced his resignation Dec. 29, less than two weeks after a story about Facebook postings documenting his potentially inappropriate contact with a 36-year defendant was published in The Tribune.
Bert Brantley, spokesman for Gov. Sonny Perdue, said Perdue understood that an empty seat caused a backlog of cases. He also said it was important to vet and interview candidates as part of a deliberative process.
"There's a balance there, so we try to do it as quick as possible and try to do as good a job as possible," Brantley said.
The timetable for when a replacement can be named also plays a factor as to whether the appointment will span the unexpired 2 1/2-3 years of Woods' term or through the end of the current year. Therefore, how soon Perdue makes the appointment will affect the length of the term.
Senior Judge Robert Struble said he would fill in for Woods during the search for a replacement.
"If called upon, I would serve until his successor is appointed," he said.
Those who have expressed an interest in applying for the vacant seat include: Rusty Smith, Susan Campbell, Stephens County Chief Magistrate Dale E. Smith, Habersham County State Court Judge Kim Crawford and Mountain Judicial Circuit Public Defender Drew Powell.
Of those, Crawford, 63, appears to have the most experience. He has been practicing law for 33 years and has spent the past 13 years presiding as judge over misdemeanor cases.
"In light of recent events, there needs to be some redirection of the superior courts," he said. "I think I can do that. I think I have proven that. I have been a trial judge for 13 years."
Asked to explain further what he meant by "recent events," Crawford said: "You've got one who has resigned. The other superior court judge has had problems in the past. I think maybe we need somebody with a little different priorities and mindset."
Superior Court Judge James E. Cornwell will become chief judge once Woods leaves the bench. He came under fire in 2007 for leaving the scene and not reporting a wreck for several hours after it occurred in Habersham County.
Crawford said he handled 6,000 cases per year in the busiest court in the three-county circuit. "I've been around a long time, and that works for me and works against me, and I understand that," he said.
Experience such as his could work against a candidate because many lawyers his age are nearing the end of their careers. Crawford acknowledged that some might think he is too old for the appointment.
Dale Smith, 56, said he hoped he might be considered a favorite because he was the first elected Republican in Stephens County when he was first voted in as chief magistrate in 1988. He also said he was an active member of his community with his involvement in Boy Scouts, his church and his goat farm.
"I think I've got a pretty good handle on the community and the problems it has and the good things that can be better," he said.
Smith said he had served as judge pro tempore in municipal court, probate court and superior court. "So I've certainly got 21 years of experience on the bench."
Rusty Smith of Toccoa said he also intended to apply for the open seat. "I've got a good amount of trial experience, including domestic (cases)," he said.
He said the majority of a superior court judge's caseload involved domestic and criminal matters. "I have been a presenter at the Family Law Institute and have spoken to the local bar association on family law issues," he said.
Rusty Smith has practiced all over North Georgia. He said the Mountain Judicial Circuit had great lawyers.
"I hope someone is selected that will be good for the circuit and for the people of the circuit," he said.
He named Crawford and Campbell as others whom he thought would make a good judge.
Campbell, 47, said she had spoken with Rusty Smith and Crawford about the position. "Certainly, a lot of lawyers in the circuit are talking about it and are concerned about it," she said.
Campbell narrowly lost to Cornwell in 1998 in a runoff to fill the seat vacated by Struble's retirement.
"The people of the circuit need and deserve someone that sits on the bench who has the right judicial temperament," she said.
According to her, those qualities include fairness, understanding of the law and impartiality. Her top requirements are ethics and professionalism. She has practiced law in the circuit for nearly 25 years.
Powell said he likely would apply for the position. He said characteristics he has that would make him a good judge are the ability to be fair and impartial.
"I've seen all of these things from every side," he said.
Powell has been public defender since 2000. Before that, he spent nearly 10 years practicing law in Atlanta. His career has taken him to trials across the state.
Powell said his 10 years as a public defender wouldn't force him to recuse himself from handling criminal cases because he is not intimately involved with every case. He assigns cases and assists when needed. He also said his office handled so many cases that his current position wouldn't be a problem unless he personally represented a defendant.
He said he would offer to recuse himself from any matter in which his public defender position could be a factor.
"The office of the judge is one that demands respect," Powell said. "The first part of the judicial canon of ethics is do nothing to hurt the position of judge, do nothing to bring dishonor to the position."
No timetable has been set for finding a replacement for Woods, whose 17-year tenure as judge comes to an end Friday.
Woods announced his resignation Dec. 29, less than two weeks after a story about Facebook postings documenting his potentially inappropriate contact with a 36-year defendant was published in The Tribune.
Bert Brantley, spokesman for Gov. Sonny Perdue, said Perdue understood that an empty seat caused a backlog of cases. He also said it was important to vet and interview candidates as part of a deliberative process.
"There's a balance there, so we try to do it as quick as possible and try to do as good a job as possible," Brantley said.
The timetable for when a replacement can be named also plays a factor as to whether the appointment will span the unexpired 2 1/2-3 years of Woods' term or through the end of the current year. Therefore, how soon Perdue makes the appointment will affect the length of the term.
Senior Judge Robert Struble said he would fill in for Woods during the search for a replacement.
"If called upon, I would serve until his successor is appointed," he said.
Those who have expressed an interest in applying for the vacant seat include: Rusty Smith, Susan Campbell, Stephens County Chief Magistrate Dale E. Smith, Habersham County State Court Judge Kim Crawford and Mountain Judicial Circuit Public Defender Drew Powell.
Of those, Crawford, 63, appears to have the most experience. He has been practicing law for 33 years and has spent the past 13 years presiding as judge over misdemeanor cases.
"In light of recent events, there needs to be some redirection of the superior courts," he said. "I think I can do that. I think I have proven that. I have been a trial judge for 13 years."
Asked to explain further what he meant by "recent events," Crawford said: "You've got one who has resigned. The other superior court judge has had problems in the past. I think maybe we need somebody with a little different priorities and mindset."
Superior Court Judge James E. Cornwell will become chief judge once Woods leaves the bench. He came under fire in 2007 for leaving the scene and not reporting a wreck for several hours after it occurred in Habersham County.
Crawford said he handled 6,000 cases per year in the busiest court in the three-county circuit. "I've been around a long time, and that works for me and works against me, and I understand that," he said.
Experience such as his could work against a candidate because many lawyers his age are nearing the end of their careers. Crawford acknowledged that some might think he is too old for the appointment.
Dale Smith, 56, said he hoped he might be considered a favorite because he was the first elected Republican in Stephens County when he was first voted in as chief magistrate in 1988. He also said he was an active member of his community with his involvement in Boy Scouts, his church and his goat farm.
"I think I've got a pretty good handle on the community and the problems it has and the good things that can be better," he said.
Smith said he had served as judge pro tempore in municipal court, probate court and superior court. "So I've certainly got 21 years of experience on the bench."
Rusty Smith of Toccoa said he also intended to apply for the open seat. "I've got a good amount of trial experience, including domestic (cases)," he said.
He said the majority of a superior court judge's caseload involved domestic and criminal matters. "I have been a presenter at the Family Law Institute and have spoken to the local bar association on family law issues," he said.
Rusty Smith has practiced all over North Georgia. He said the Mountain Judicial Circuit had great lawyers.
"I hope someone is selected that will be good for the circuit and for the people of the circuit," he said.
He named Crawford and Campbell as others whom he thought would make a good judge.
Campbell, 47, said she had spoken with Rusty Smith and Crawford about the position. "Certainly, a lot of lawyers in the circuit are talking about it and are concerned about it," she said.
Campbell narrowly lost to Cornwell in 1998 in a runoff to fill the seat vacated by Struble's retirement.
"The people of the circuit need and deserve someone that sits on the bench who has the right judicial temperament," she said.
According to her, those qualities include fairness, understanding of the law and impartiality. Her top requirements are ethics and professionalism. She has practiced law in the circuit for nearly 25 years.
Powell said he likely would apply for the position. He said characteristics he has that would make him a good judge are the ability to be fair and impartial.
"I've seen all of these things from every side," he said.
Powell has been public defender since 2000. Before that, he spent nearly 10 years practicing law in Atlanta. His career has taken him to trials across the state.
Powell said his 10 years as a public defender wouldn't force him to recuse himself from handling criminal cases because he is not intimately involved with every case. He assigns cases and assists when needed. He also said his office handled so many cases that his current position wouldn't be a problem unless he personally represented a defendant.
He said he would offer to recuse himself from any matter in which his public defender position could be a factor.
"The office of the judge is one that demands respect," Powell said. "The first part of the judicial canon of ethics is do nothing to hurt the position of judge, do nothing to bring dishonor to the position."
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The following are comments from the readers. In no way do they represent the view of theclaytontribune.com.
Coverup wrote on Jan 15, 2010 11:44 AM:
" Why doesn't the Tribune publish all comments and post them in a timely manner? "
Jones wrote on Jan 25, 2010 1:12 PM:
" As an citizen of Rabun County, I would like the Govenor to appoint a judge that will up hold the law to it's fullest and be persistant of the work ethics that each and everyone has in the work place. Someone that can set an example to those that is set before them in their courtroom . In accordance of the regsignation of Earnest "Bucky" Woods I am proud that I had the chance to see (as a spectator) how he conducted his business of the court. I have deep respect for Judge Woods and hope him the best in the future. "
curious wrote on Jan 14, 2010 1:01 PM:
As for a replacement for Judge Woods, how about someone from Rabun County. The DA is from Rabun. It's about time for a judge to be chosen from our community. "