The public defender said he even described his predicament to the State Bar of Georgia, which then told him he should not represent all six educators.
After a hearing, Baxter denied Scarborough’s motion to withdraw from the case. Scarborough then appealed that decision, which he was allowed to do under the law, to the state Court of Appeals. The appeals court declined to hear the case.
Scarborough also filed a separate appeal but the state Supreme Court found on Tuesday it was not the type of appeal that can be reviewed at this time. Scarborough must now proceed with the appeals or, as the court suggested, be found in contempt and pursue yet another appeal.
Scarborough’s clients are Diane Buckner-Webb, Theresia Copeland, Sharon Davis-Williams, Tabeeka Jordan, Michael Pitts and Shani Robinson. If they ultimately lose their appeals, Buckner-Webb, Copeland and Robinson face one year in prison; Jordan faces two years; and Davis-Williams and Pitts face three years.
A jury found these six former educators and five others guilty of conspiring to change answers on the 2019 Criterion-Referenced Competency Test in order to meet federal benchmarks, win bonuses and keep their jobs.