Lawmaker withdraws support for judicial candidate

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By Megan Matteucci

The Atlanta Journal-Constitution

A day before voters head to the polls, a state legislator withdrew his endorsement of a candidate for DeKalb County Superior Court judge, citing ethical concerns.

Rothenberg campaign Dunwoody lawyer Michael Rothenberg faces DeKalb prosecutor Courtney Johnson in the Superior Court judge run-off election Tuesday.

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On Monday, state Rep. Mike Jacobs, R-Atlanta, sent a letter to constituents saying he was no longer endorsing Dunwoody lawyer Michael Rothenberg for judge. Rothenberg faces DeKalb prosecutor Courtney Johnson in the Superior Court judge run-off election.

"My advice in this race is buyer beware. Arm yourself with the facts and vote accordingly," Jacobs wrote. "Once elected, judges have a lot of impact and tend to have some staying power."

Other legislators said they were listed as endorsing Rothenberg, but had never agreed to support him.

In addition to a new judge, DeKalb voters will elect two school board members in Tuesday’s runoff. Incumbent Jim Redovian and stay-at-home mom Nancy Jester are competing in the runoff for the District 1 school board seat. Incumbent Zepora Roberts, the board’s vice chair, faces certified public accountant Donna Edler in the District 7 race.

Mary Frances Weeks, spokeswoman for the DeKalb elections’ office, said the county expects low turnout since less than 2,500 voters cast early ballots.

However, the heated judge race could draw more voters to the polls.

Last week, The Atlanta Journal-Constitution reported that Colorado-based Winterhawk Energy and Development Company filed a federal lawsuit in Atlanta, accusing Rothenberg of running a Ponzi scheme.

The suit alleges Winterhawk invested $1.35 million in Rothenberg’s commodities company, Four Five LLC, with the promise of high-yield returns, but didn’t get any money back.

Rothenberg has said the allegations are “absolutely false” and politically motivated.

Jacobs said he recognizes that the suit's timing, but wrote that the suit was prepared by reputable lawyers from one of Atlanta's largest firms and "cannot be completely discounted as political gamesmanship."

“I did endorse him but I have unequivocally retracted that endorsement,” Jacobs told the AJC on Monday.

DeKalb County Commissioner Elaine Boyer said she never endorsed anyone in the judge’s race, despite her photograph being included on Rothenberg’s campaign fliers.

Other Rothenberg fliers also included photos of U.S. Rep. John Lewis, D-Ga., and U.S. Rep. Hank Johnson, D-Ga. Staff for both congressmen told the AJC on Monday that they also did not endorse Rothenberg.

Rothenberg said he couldn't comment on the endorsements until he talked to his lawyer.

Jacobs said he is also concerned that Rothenberg has not listed Four Five LLC on his financial disclosure form filed with the State Ethics Commission.

“It should be on that form, but it’s not,” Jacobs wrote to constituents. “This is a violation of the Ethics in Government Act.”

Last week, Rothenberg told the AJC that he serves as chairman of the Delaware-based commodities company. On Monday, Rothenberg said that he is no longer chairman and doesn’t need to disclose the company.

Georgia law requires candidates to list any work performed during the calendar year.

Rothenberg said he was hired by Four Five to incorporate the company in December 2009 and handle contract negotiations with Winterhawk.

“It’s not an ethics violation. No complaints have been filed,” Rothenberg said. “I resigned as chairman and I don’t receive any compensation from them.”