Over the objections of prosecutors, the state’s judicial watchdog agency and a southwest Georgia judge settled allegations of misconduct after the first day of a rarely held judicial ethics trial.
Grady County State Court Judge Bill Bass Sr. accepted a 60-day suspension without pay and agreed not to seek elective office after his current term expires, former state Attorney General Mike Bowers, a member of the prosecution team, said Wednesday. Bass also will receive a public reprimand and be on probation for the rest of his term.
The settlement happened shortly after prosecutors finished presented their case about Bass.
When asked why he opposed the settlement, Bowers said, “I think he should have been removed from office.”
Early Wednesday, during opening statements of the trial, District Attorney Brian Rickman had accused Bass of committing “bizarre, shocking and completely inappropriate” ethical violations.
Rickman accused Bass of retaliating against political opponents, making inappropriate sexual comments from the bench, presiding over a criminal trial even though the defendant wasn’t there and depriving the state of surcharges in hundreds, if not thousands, of cases.
The trial was expected to conclude Thursday after Bass presented his defense. Instead, the Judicial Qualifications Commission decided to reach a settlement with the judge and end the trial. The JQC is composed of six members, including two judges and three past presidents of the State Bar of Georgia.
During his opening statement, Bass’ lawyer, Christopher Townley, accused JQC lawyers of overreaching. Bass used poor judgment in the past, but he has learned from his mistakes and does not need to be removed, the attorney said.
“Grady County, its citizens, would be better served by Bill Bass continuing to serve as Judge Bass,” Townley said. “He is not corrupt. He is not dishonest. He cares about people.”
Bass, a part-time judge with a law practice in Cairo, is one of the few Georgia jurists to fight ethics charges at a trial, instead of resigning shortly before or soon after the JQC filed formal allegations. Last year, nine judges investigated for ethics violations stepped down from the bench.
On the witness stand, Bass said he regretted some of his behavior and said some people may have misunderstood his stern sense of humor. He acknowledged he was wrong to preside over a criminal trial without the defendant.
“It was unconstitutional?” former Attorney General Mike Bowers, another member of the JQC prosecution team, asked.
“That’s exactly right,” Bass said.
The defendant-less trial occurred Oct. 26, 2009, when Rene Billiot, facing an obstruction charge, failed to appear in court. Instead of issuing a bench warrant, as judges typically do for such defendants who fail to appear, Bass allowed the trial to go forward and presided as judge and jury.
“That chair right there … is Rene Billiot,” Bass said, according to a trial transcript. “I’ll hang a name on it, if y’all would like me to.”
After hearing testimony and closing arguments from a prosecutor and a public defender, Bass found Billiot guilty as charged.
Defendants have a fundamental right to appear in court to face their charges, Rickman told the commission during opening statements.
“In that trial … the judge tried a chair,” said Rickman, a northeast Georgia district attorney. “And the judge convicted a chair.”
Other ethics charges allege Bass improperly allowed defendants to pay fines as administrative costs that went to the county. This short-shrifted various legislatively mandated funds — such as those set up for crime victims, police officers and people with brain and spinal injuries — that receive percentages of fines paid by criminal defendants, Rickman said.
Bass said that he changed the process last summer after being told the county could face legal action because of it.
Rickman said Bass, while sitting on the bench, talked openly about his sex life at home. Bass said he never recalled saying such a thing.
Bass also is accused of being vindictive and retaliatory against those who did not support him during his 2011 reelection campaign.
Blakely lawyer Rob McLendon testified Wednesday that during one court session Bass reminded him he had contributed to Bass’ opponent.
Bass, with a stern look on his face, then said, “Don’t come back,” McLendon testified. Bass then smiled, McLendon said.
“I wasn’t sure if he was kidding or if he was mad,” McLendon said. “It was uncomfortable to me.”
Bass testified that he regretted what he described as a poorly executed joke.
“In hindsight,” he said, “I would never have done that.”
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