Close Menu
Douglas NowDouglas Now
  • Home
  • News
  • Sports
  • Community
  • Opinion
  • Obituaries
  • At Home with Pam
  • Contact
What's Hot

Community dedicates Sims Park, site of new housing development for those who lost homes due to Hurricane Helene

July 26, 2025

Georgia School Boards Association announces 2025 Youth Advisory Council members

July 25, 2025

Rotary Club makes donation to Called to Care

July 25, 2025
Facebook Instagram YouTube TikTok
Trending
  • Community dedicates Sims Park, site of new housing development for those who lost homes due to Hurricane Helene
  • Georgia School Boards Association announces 2025 Youth Advisory Council members
  • Rotary Club makes donation to Called to Care
  • Special election to fill District 1 county commission seat to take place on November 4
  • Deputies arrest convicted sex offender on outstanding warrants from Florida
Facebook YouTube Instagram TikTok Pinterest
Douglas NowDouglas Now
  • Home
  • News
  • Sports
  • Community
  • Opinion
  • Obituaries
  • At Home with Pam
  • Contact
Facebook YouTube Instagram TikTok
Douglas NowDouglas Now
Home»Opinion»What happens if a sitting judge and the county sheriff are married?
Opinion

What happens if a sitting judge and the county sheriff are married?

Robert PrestonBy Robert PrestonMay 16, 2024Updated:May 23, 2024821 Views
Facebook Twitter LinkedIn WhatsApp Email Copy Link
Follow Us
Facebook YouTube Instagram TikTok
The Judicial Qualifications Commission of Georgia Logo
Share
Facebook Twitter LinkedIn Pinterest Email Copy Link

This week, DouglasNow has been asked a number of times by citizens one question regarding a race on the 2024 primary election ballot. Next Tuesday, voters will go to the polls to decide who will sit on the State Court bench for the next four years.

The question that has been asked relates to that election and is as follows: What happens if the State Court Judge is married to the sheriff? Though that may sound odd, that very scenario could happen in Coffee County. Current State Court Judge Katy Paulk is married to sheriff’s candidate Daniel Paulk — if both emerge from the election victorious, this unique situation would indeed be a reality.

The body that oversees judges in Georgia is the Judicial Qualifications Commission. The JQC conducts investigations and hearings regarding Georgia’s judges. Additionally, the JQC issues Advisory Opinions on a variety of subjects. On the JQC’s web site (gajqc.gov) is Opinion 235 titled Conflict of Interest/Failure to Disqualify. Point #1 of the opinion reads “whether a judge may preside over cases involving the  judge’s spouse in the spouse’s capacity as the duly elected  sheriff of the county in which the judge presides.” The opinion outlines three other points before addressing the issue. Without getting into the legalese of the opinion, the short answer is no, a judge, if married to the county sheriff, cannot preside over cases the sheriff’s department makes or is otherwise involved in.

For further clarification, DouglasNow contacted an Atlanta attorney who, speaking on the condition of anonymity but who has no connection to this case and knows no one involved on either side, rendered an analysis of Opinion 235. Here is a portion of what he had to say:

“Marriage – or any romantic relationship – between a presiding State Court Judge and the local Sheriff is, in both spirit and by letter of the law, a serious conflict of many interests. For reference, the JQC’s official ruling in Opinion 235 is on point and so is the requisite Code of Judicial Conduct Rule, which the Opinion only cites partially. Impartiality cannot be trusted – for it is the appearance of impartiality that matters as much as the real presence of it – where the Judge is related to the law enforcement officer whose office is charged with investigating, detaining, and/or presenting a party eventually before the Court.”

The remedy for such a scenario would be for the Judge to recuse himself or herself from any cases that fit this description. That could be accomplished in a couple of different ways. First of all, the Superior Court Judges could hear those cases. The Superior Court bench also has jurisdiction over State Court; that, however, would probably not happen.

More likely, a visiting Judge would have to come to town to preside over these cases. The exact number of cases that would entail is unknown; likewise, the frequency with which a visiting Judge would travel to Douglas is also unknown.

Regardless of what happens, justice would still get served in Coffee County. It’s just a matter of how complicated and at what expense doing so would entail.

Conflict of Interest JQC Judicial Qualification Commission Opinion 235 Sheriff State Court Judge
Share. Facebook Twitter Pinterest LinkedIn Email Copy Link
Douglas Now Profile Pic
Robert Preston

Related Posts

Community dedicates Sims Park, site of new housing development for those who lost homes due to Hurricane Helene

July 26, 2025

Georgia School Boards Association announces 2025 Youth Advisory Council members

July 25, 2025

Donald “Don” Perry McCardle, Sr., 79

July 25, 2025

Comments are closed.

Top Posts

Convicted child molester allegedly gets drunk, lends truck to girlfriend, forgets and reports it stolen, then gets arrested for failure to register

February 19, 202572,356 Views

18 bodies in various states of decomposition found at funeral home during eviction process

October 27, 202465,802 Views

Cream Cheese Pound Cake

November 11, 202445,100 Views

Three dozen defendants indicted in major South Georgia drug trafficking conspiracy

January 30, 202537,517 Views
RSS Latest Headlines from Fox News
  • Iran's Supreme Leader spends his days sleeping and getting high, Mossad-linked account says
  • Johnny Depp honors Ozzy Osbourne in surprise performance alongside Alice Cooper
  • New Orleans jail mistakenly releases violent offender due to 'human error'; investigation underway
  • Virginia Tech football launches investigation into North Carolina Central coach's tampering claim
  • NYC socialist would-be mayor Zohran Mamdani throws lavish wedding bash in Uganda
Follow us on Social Media!
  • Facebook
  • YouTube
  • Instagram
  • TikTok
  • Pinterest
Facebook Instagram YouTube TikTok Pinterest
  • Home
  • News
  • Sports
  • Community
  • Opinion
  • Obituaries
  • At Home with Pam
  • Contact
© 2025 DouglasNow. All Rights Reserved.

Newell Media

Type above and press Enter to search. Press Esc to cancel.