Cobb judge who abruptly resigned accused of inappropriately touching female employees

Nix, the chief judge of Cobb County's Superior Court, resigned abruptly on Tuesday.

The judge admitted to the Marietta Daily Journal that he "flicked" the bottoms of Assistant District Attorney Susan Treadaway and Deputy Investigator Glenda Roberts after the women sat on his lap to take a picture.

"If the ladies took it as offensive, then I apologize to them," Nix told the Daily Journal. "I do not think it was any more than that to it. There was no intent on my part. It was done in a place where several people were around. But rather than cause my family the embarrassment and go through a claims or whatever, I was willing to retire and wrote a letter of retirement to the governor."

Head said that Treadaway and Roberts were "very upset," because they never filed a complaint but were being blamed for the fallout.

"This is exactly why women who are sometimes assaulted never come forward, because they become the person responsible for it," Head said. "The blogs are calling them everything in the world."

The judge stayed away from the media glare Wednesday as the announcement about his impending departure reverberated through the community. Nix was not in his office, and Chief Magistrate Judge Frank Cox was filling in for him Tuesday, Wednesday and Thursday, according to Superior Court Administrator Tom Charron.

Nix did not return calls to his home or office seeking comment.

In a letter of resignation tendered to Gov. Sonny Perdue, Nix wrote that he would retire on his 71st birthday on Oct. 4.  His four-year term ends in 2012, but he was technically eligible to retire 15 years ago at age 55.

A review by The Atlanta Journal-Constitution of personnel files for Treadaway and Roberts revealed no information regarding any complaints filed by them or against them. Both women were present at the review of their files, but declined to comment.

Treadaway was hired as a staff attorney in the Cobb district attorney’s office in August 2008, according to her personnel file. She was appointed an assistant district attorney in December 2008. Prior to her work in Cobb, she was a prosecutor in Cherokee County for almost four years.

Roberts spent almost 20 years in the Cobb County Sheriff’s Office, reaching the rank of a deputy sheriff sergeant before transferring to Head’s office as an investigator this year.

During her tenure with the sheriff's office and after beginning work in the district attorney's office Roberts filed complaints against Sgt. Stacy Fowler of the sheriff's office alleging inappropriate contact. Fowler was suspended without pay for 40 hours and demoted.

Atlanta lawyer Ben Easterlin, chairman of the Judicial Qualifications Commission, the state agency that investigates misconduct involving judges, said he could not comment on whether the commission was investigating Nix’s conduct. All complaints are kept confidential until they are resolved or closed or the commission gives notice of formal proceedings, according to the its website.

Charron said he was not aware of any complaints filed against Nix.

The controversy has been fodder for chatter in the legal community, said Lawrence Korn, a Marietta attorney. Korn has tried several cases in front of Nix.

"He comes from an era that the term sexual harassment, that sort of thing, wasn't thought of," Korn said. "It was just a way of doing business. He's still living a bit in the old school."

"It's unfortunate that a prominent career ends badly like this, but if it happened and he acted inappropriately, it certainly is appropriate that he would go out this way," Korn said. "In this day and age, you've got to know better."

Staff writer Bill Rankin contributed to this article.