Perdue lambasts 'abuses' in S. Georgia judicial circuit
Corruption probe has targeted Judge Brook E. Blitch III and district attorney, among others


The Atlanta Journal-Constitution
Published on: 07/02/08

Georgia Gov. Sonny Perdue issued a blistering criticism of a South Georgia judicial circuit Wednesday in naming a new judge to take the place of one pushed to resign last month.

Brook E. Blitch III resigned after 28 years on the bench, thereby avoiding a hearing before the state Judicial Qualifications Commission over charges of judicial misconduct.

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"The residents of the Alapaha Judicial Circuit have suffered, knowingly and unknowingly, through what appears to have been gross abuses of power," Perdue said in a press release announcing the appointment of Adel, Ga., attorney Howard McClaine as Blitch's replacement.

"I am troubled by the numerous federal indictments and other allegations coming from the Circuit, and I am further concerned that it took a Judicial Qualifications Commission investigation and federal law enforcement efforts to out the alleged wrongdoing," Perdue said.

Blitch, 73, continues to be the subject of a 4-year-old federal corruption probe of Alapaha Judicial Circuit in the deep southeast corner of the state. It includes Atkinson, Berrien, Clinch, Cook and Lanier counties.

Two weeks ago Blitch was named in federal court filings for allegedly securing a judgeship for his former legal partner, Berrien Sutton, and a related job for Sutton's wife, Lisa Sutton, in exchange for legal services.

According to forfeiture proceedings filed by Maxwell Wood, the U.S. Attorney in Macon, in those jobs the Suttons were paid $537,000 over several years. Berrien Sutton was a part-time juvenile court judge. Lisa Sutton was a court administrator.

"Although each received substantial pay for those positions, (Lisa) Sutton and (Berrien) Sutton either performed a minimal amount of work, or none at all," according to a court document filed June 19.

Sutton also faced a misconduct hearing before the state Judicial Qualifications Commission, which can recommend that the Georgia Supreme Court remove a judge from office. Last month he resigned as a State Court and Juvenile Court Judge.

No criminal charges have been filed against Blitch or the Suttons by either state or federal authorities.

The FBI has been probing corruption in the Alapaha circuit since January 2004, when a witness in a drug case accused former Alapaha District Attorney Robert Ellis of forcing her to have sex.

Ellis later pleaded guilty to lying to federal agents about the sexual relationship — which he said was consensual — and was sentenced to 18 months. Federal investigators kept probing the circuit after that.

Since 2004, federal grand juries have indicted at least eight people for corruption, including two sheriffs, a candidate for sheriff, a magistrate judge, a county clerk and three attorneys.

In announcing McClaine as Blitch's replacement Wednesday, Perdue said he hoped it would help restore law and order to the circuit, and called for more cooperation with investigators.

"Judges wield awesome power," Perdue said. "Consequently, it is understandable that some may fear reprisal and retaliation for standing up to members of the bench. Times like these, however, highlight the duty of members of the bar and, perhaps more appropriately the judiciary, to demand that their peers on either side of bench never betray the public's trust."

Perdue said he chose McClaine from the final list of three candidates — the others were assistant U.S. attorney Donald Johstono and Enigma, Ga., attorney Mickey Johnson — because McClaine had declared he was running for the spot vacated by Blitch.

"It was very important to me that he publicly planned to offer himself as a candidate against the incumbent judge in November," Perdue said in a statement.

"I believe this appointment is a step in the right direction for the Circuit...[he] has the trust of the community and the integrity to institute the necessary, culture-changing reforms."

McClaine, 63, is the attorney for the Cook County Board of Education, the city of Adel, and the Cook County Economic Development Commission, and he is a Municipal Court Judge for the cities of Alapaha, Ray City, Enigma, and Sycamore.

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