Court questions judge's reasoning in staying with capital case

The Georgia Supreme Court has upheld Fulton Superior Court Judge Kimberly Esmond Adams' decision not to recuse herself from a case, but said it did not agree with her reasoning.

After Fulton District Attorney Paul Howard asked Judge Marvin Arrington to recuse himself from the capital case against Frederick Gude, Arrington referred the decision to Adams. Gude's lawyers then asked Adams to recuse herself, noting she worked in the DA's office at the time of Gude's arrest and received campaign contributions from Howard. In upholding Adams' refusal, the court on Monday reminded her to consider whether her impartiality could be reasonably questioned, not just whether there is a lack of proof of her actual bias.