New judge for Brian Nichols' case?
Looks like we may have a new judge to replace Judge Fuller who recused himself from this case yesterday. Believe it or not, two judges have actually volunteered for this job. The Atlanta Journal Constitution reports that Judge Michael Clark (a Gwinnett County superior court judge) and Judge Mary Staley (a Cobb County superior court judge) have both agreed to accept this case.
Both of these judges are active superior court judges with full dockets. That could make things very busy in their respective circuits if they are absent for a trial that could last several months. But both of these judges are experienced and well-qualified to tackle a case of this magnitude. I am sure they will be able to manage their existing caseloads with a little help.
In an earlier post, I discussed the comments that led to this recusal. It's still a mystery to most people why the judge agreed to be interviewed about this case. In recent news reports, however, Judge Fuller denied speaking with the New Yorker Magazine reporter "on the record," and he does not remember making the statement that was attributed to him. Regardless, in my opinion (shared by at least a few other lawyers that have been interviewed by the media), it was poor judgment to agree to be interviewed about a case that was pending before him. It shouldn't matter whether the case was a high-profile a death penalty case or a simple DUI. You just don't talk to the media about cases pending in your court.
I was interviewed on WABE, the local Atlanta public radio station about the problems facing the replacement judge, whoever it is. A short audio clip of the interview is posted on their website. Download file
I have never personally appeared in front of Judge Fuller. But many judges, prosecutors and respected defense lawyers consider him to be a fair, ethical and diligent trial judge. A recent Atlanta Journal Constitution article quotes some of these lawyers and judges. So it's unfortunate that he will probably be most remembered for his involvement in this case, despite all the positive things he has done on the bench.
It will be interesting to see how long it takes the new judge to get the case back on track for trial, and whether we will see any more delays due to funding problems. Considering the two judges that have volunteered so far, I don't think we will have to wait long before we see a trial date.
