The removal of a Georgia Probate Court Judge was ruled appropriate by the state’s supreme court on June 25, officially removing the judge from the bench and barring her from running for office again for seven years.
The Georgia Judicial Qualifications Commission (JQC) had charged Judge Peterson with a pattern of judicial misconduct, resulting in the Hearing Panel finding her guilty on 28 of 30 counts, with discipline authorized for 20 of these counts under the Georgia Constitution.
Judge Peterson, who was admitted to the State Bar of Georgia in 2013, qualified to run for the position of judge in 2020. She won both the primary and general elections, and her term began on Dec. 29, 2020.
In September 2021, the JQC filed formal charges against her, alleging multiple violations of the Code of Judicial Conduct. The charges were amended in February and July 2022, culminating in 50 counts of misconduct.
During the hearings, 20 counts were dismissed, leaving 30 for the panel’s consideration. The panel’s report and recommendation on March 31 concluded that Judge Peterson had violated multiple Code of Judicial Conduct rules and recommended her removal from office.
The judge challenged the findings by arguing the panel hadn’t proven sanctionable conduct, an argument the high court disagreed with this week as they found her guilty of a dozen judicial violations that discipline was authorized for.
“We have also determined that discipline for Judge Peterson’s violations of these rules is constitutionally permitted because her actions constituted willful misconduct in office or conduct prejudicial to the administration of justice which brings the judicial office into disrepute,” the court’s opinion noted.
They further explained that they agreed with the panel’s opinion that “the violations at issue when viewed individually, likely would not warrant the sanction of removal from office,” but a pattern of misconduct had “spanned nearly the entirety of Judge Peterson’s judicial career.”
The court emphasized the necessity of maintaining high standards within the judiciary.
Alleged Misconduct
The most significant area of misconduct involved Judge Peterson’s handling of a criminal contempt case.A petitioner, who is a naturalized U.S. citizen born in Thailand, sought to amend a marriage license application she had filed with the Douglas County Probate Court in May 2016.
She aimed to correct the name listed as her father’s on the application. Judge Peterson issued a “Notice of Trial or Hearing” for the petitioner to attend an in-person hearing on Aug. 24, 2021, without mentioning any charges of contempt or advising the petitioner of her right to counsel.
At the hearing, Judge Peterson concluded that the petitioner’s translated birth certificate was fictitious and fraudulent.
Despite the petitioner’s explanation that she listed her uncle’s name instead of her father’s, Judge Peterson held her in contempt, sentencing her to 20 days in jail with the option to purge the contempt by paying a $500 fine after serving two days.
The hearing panel found that Judge Peterson’s contempt ruling was baseless, unjustified, and lacked due process, as she had predetermined the petitioner’s guilt without proper notice or hearing.
