After ruling in favor of a fellow judge, DeKalb County Superior Court Judge Daniel Coursey on Friday withdrew from presiding over a lawsuit brought by members of a special purpose grand jury.
Earlier in the day, Coursey heard arguments over the suit brought by grand jury members against DeKalb Superior Court Judge Mark Anthony Scott. The grand jurors want Scott, who presided over their yearlong investigation into possible corruption of water and sewer contracts, to make the report public.
From the bench, Coursey said he would issue an order rejecting the grand jurors’ suit because the matter is also on appeal before the Georgia Supreme Court. But Coursey told The Atlanta Journal-Constitution a few hours later he would not sign that order and would withdraw from the case instead.
Coursey said he was made aware Friday of a decision governing judicial conduct that states he should not have been presiding over the case in the first place.
That opinion, issued the Judicial Qualifications Commission, says “it is inappropriate for any trial court judge to preside in any action wherein one of the parties holds a judicial office on the same or any other court which sits in the same circuit.”
Coursey said the lawsuit will now be assigned to another judge outside of DeKalb County.
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