A Cobb County judge at the center of a recusal controversy caused another flap this week when he sealed campaign disclosure filings in a motion to recuse him.
As it turned out, Superior Court Judge Reuben Green had a compelling reason: the records listed his wife's name and home address, according to his judicial administrative assistant Sheila Ross.
"They had recently received a threat at his home and that is the reason they were sealed," Ross said on behalf of the judge.
Defense attorney John Rife, who represents one of four defendants in the murder case at issue, appreciates the judge's motive.
But Rife nevertheless filed a new motion Tuesday asking that the judge recuse himself. He said Green is clearly showing self-interest in the case because he issued the order to seal the documents on May 31 before issuing an order on the recusal motion he denied on the same day.
Rife also criticized the judge for not articulating a reason for sealing the records in his order and not notifying the attorneys about the ruling. It came as a surprise to Rife and the others when they checked the court file this week and found some documents sealed.
"I don't have any criticisms for somebody protecting their family, but you must also protect the rights of the person in front of you," Rife said. "When yours are put above that, then you need to step aside."
The trial for Rife's client, Joseph Brown, and his co-defendants Desmond Post, Rolaunda Fripp and Jarvis Butts, is scheduled to start Monday. The four are charged with murder in the Dec. 9, 2009 shootings of two people during an armed robbery at a Marietta apartment complex. If convicted, the defendants could be sentenced to life without parole.
Defense attorney Bert Cohen, who represents Post, made the initial motion to recuse Green. His motion included the copies of the judge's campaign disclosure filings now at issue. Cohen asserts the judge cannot maintain the appearance of impartiality because of his close ties to District Attorney Pat Head. Green was previously a prosecutor in Head's office. He also listed Head as his campaign treasurer last year in a defunct State Court campaign.
In a separate case, defense attorney Jimmy Berry has also asked Green to recuse himself from the death penalty case of Patrick Graham on similar grounds. Berry's motion is slated to be heard July 20 by Superior Court Judge Lark Ingram.
Mitch Hunter, a spokesman for Green's campaign, said this is an example of defense attorneys using "procedural gamesmanship" when they do not want to try a case before a judge known to be tough on crime.
"Judge Green has an impeccable record of being firm but fair," Hunter said.
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