DeKalb DA wants ‘biased’ judge off all criminal cases

Last week, the Georgia Judicial Qualifications Commission accused Parker-Smith of violating the Georgia Code of Judicial Conduct, saying she improperly threatened to jail Boston and two associate district attorneys for allegedly being in contempt of court.

In a court filing Monday, Boston said Parker-Smith only backed down from “aggressively” pursuing the contempt matter after she and the other prosecutors hired private attorneys who then had extensive off-the-record discussions with the judge’s lawyer. Boston noted the judge’s “very unusual” decision to send sheriff’s deputies to her office in the courthouse to summon her to explain why she shouldn’t be jailed.

“Any reasonable person could only conclude that Judge Parker-Smith’s bias and prejudice against me, the affected ADAs, and my entire staff would influence her decisions in any criminal case we prosecute before her,” Boston wrote. “There are now serious and legitimate questions about whether her rulings are based solely on the information she learned during a case.”

Parker-Smith’s lawyer in the misconduct case, Gabe Banks, did not comment Tuesday on the recusal request.

Boston identified more than 430 criminal cases pending before Parker-Smith and said the judge should also be recused from any future criminal cases as well as associated matters including search warrants and grand jury proceedings. Boston said the judge’s recusal is necessary until the JQC’s misconduct case is resolved.

That could take years, depending on how Parker-Smith chooses to respond to the allegations. A judge since the start of 2021, she faces possible punishment by the Georgia Supreme Court, including removal from the bench.

The JQC’s case against Parker-Smith is based on three different complaints investigated by the state agency. Records show the judge threatened to jail Boston and the other prosecutors in May 2023.

Parker-Smith is also accused of illegally jailing attorney Gerald Griggs because he was late to a hearing in August 2024, though Griggs’ staff had earlier notified the court about a scheduling conflict.

Griggs, the past president of the Georgia NAACP, said in a statement that he should never have been arrested and deprived of his constitutional right to due process, having complied with superior court rules.

“It is deeply unfortunate that my zealous advocacy on behalf of my clients resulted in my unlawful detention and arrest,” he said.

Credit: arvin.temkar@ajc.com

Credit: arvin.temkar@ajc.com

The JQC said Parker-Smith also refused to return indictments in open court in February because a certain sheriff’s corporal was present.

Last week, Banks said Parker-Smith “does her best to approach every case and every matter before her with good intentions and a sincere commitment to the fair administration of justice.”

“She remains dedicated to carrying out her judicial responsibilities fairly, impartially and in service to the citizens of DeKalb County,” he said.

Boston said if Parker-Smith does not voluntarily recuse, she should refer the request to another judge to decide if recusal is warranted.

The district attorney said Parker-Smith offered no explanation or justification for attempting to punish her and the other prosecutors after they dismissed a criminal case the morning after the judge wanted it to be dismissed.

Boston said Parker-Smith had no authority to impose a deadline on the case dismissal, and that the assistant district attorneys gave “an adequate and forthright explanation for what happened.”

Boston said she and others in her office previously noticed “a concerning pattern of conduct” by Parker-Smith but refrained from taking action until the JQC filed charges. Boston said the misconduct case calls into question the judge’s competence and impartiality and diminishes the public’s confidence in the handling of criminal cases.

“Not only the State’s attorneys, but also crime victims and members of the public at large, now have cause to question Judge Parker-Smith’s impartiality in criminal cases,” Boston wrote.

She and several other county prosecutors may need to testify as witnesses in the JQC case. That makes it “impossible for anyone to be confident” that Parker-Smith can be fair, Boston said.

Parker-Smith is one of nine judges on the court, for which the 10th judicial seat is currently vacant. A former public defender admitted to practice law in Georgia in 2004, she won election to the bench in 2020, beating four other candidates vying for the nonpartisan seat vacated by the retirement of Clarence Seeliger. She took office at the start of 2021 and was reelected unopposed in 2024 to another four-year term.

“The State does not file this motion lightly, and understands the legal and logistical difficulties that accompany recusal,” Boston wrote. “However, Judge Parker-Smith’s actions — and the public nature of the disciplinary proceedings they provoked — have forced the State onto this path.”