Women say inappropriate touching by Cobb judge was a crime

By Andria Simmons

The Atlanta Journal-Constitution

Two Cobb County workers who allegedly were touched inappropriately by Superior Court Judge Kenneth Nix say the incident is more serious than was previously reported, but they aren't seeking criminal charges.

Nix told the Marietta Daily Journal on Tuesday that he "flicked" Assistant District Attorney Susan Treadaway and Glenda Rogers, an investigator in the District Attorney's Office, on the bottom after they took a picture together on Aug. 4.

The women declined to comment about the incident during an encounter with a reporter on Wednesday. They later emailed a statement. However, they didn't elaborate about what happened after the picture was snapped.

Treadaway and Rogers did not return followup calls on Thursday.

According to their statement, the women said that they stopped by the judge's office Aug. 4 to bid him goodbye after learning they had been reassigned to another courtroom. The judge wanted to take some photographs and suggested the pair sit on his knee "just like he does to other female attorneys every Christmas when he is wearing his Santa Claus suit," they said.

The women said they were reluctant to do so, but it would have been awkward to say "no" to the 70-year-old man they described as a "grandfatherly figure."

"What happened later was a crime when he inappropriately touched us," the statement said. "What occurred was more serious than was reported."

The women said they decided not to speak out or take legal action because of their experience that the victim often becomes the target of criticism in sex crimes.

The incident came to light anyway after Nix made an admission to the Daily Journal. As a result, Nix submitted a letter of resignation to Gov. Sonny Perdue Tuesday. He will step down on his 71st birthday Oct. 4. His term was set to expire in 2012.

Tom Cauthorn, an attorney for Nix, said Thursday that the judge does not want comment further on the matter.

It's not known if Nix's behavior is under investigation. The Judicial Qualifications Commission, the state agency that investigates misconduct involving judges, keeps all complaints confidential until they are resolved or closed.