Inquiry Concerning Judge Christina Peterson

903 S.E.2d 645, 319 Ga. 316

• Court: Supreme Court of Georgia
• Decided: June 25, 2024
• Docket: S22Z0180
• Status: Published

Opinion

319 Ga. 316 FINAL COPY

S22Z0180. INQUIRY CONCERNING JUDGE CHRISTINA PETERSON.

PER CURIAM.

We have explained before that “[t]he judiciary’s judgment will

be obeyed only so long as the public respects it, and that respect will

not long survive judges who act in a manner that undermines public

confidence in their judgment and integrity.” Inquiry Concerning

Coomer (“Coomer II”), 316 Ga. 855, 855-856 (892 SE2d 3) (2023). In

this case, Douglas County Probate Court Judge Christina Peterson

has been charged with a number of violations of the Code of Judicial

Conduct (“CJC”), including a number of violations that the Judicial

Qualifications Commission (“JQC”) says exhibited a pattern of

judicial misconduct while in office. The JQC Hearing Panel found

that Judge Peterson violated multiple rules in the CJC and that

those violations warrant her removal from the bench.

We agree that removal is warranted here. As we explain more below, the Hearing Panel found that the Director proved by clear

and convincing evidence 28 of 30 counts alleging that Judge

Peterson violated the CJC, and that discipline is authorized under

the Georgia Constitution for 20 of those 28 counts. With respect to

all 20 of those counts, we conclude that the Hearing Panel’s findings

are not clearly erroneous. And we agree with, and affirm, the

Hearing Panel’s conclusion that Judge Peterson’s misconduct

warrants discipline with respect to 12 of them, because the Director

met her burden of showing that Judge Peterson’s conduct

constituted willful misconduct in office or conduct prejudicial to the

administration of justice which brings the judicial office into

disrepute. See Ga. Const., Art. VI, Sec. VII, Par. VII (a).1 The

seriousness of certain of those violations, the pattern of misconduct

the Director proved by clear and convincing evidence, and the

adverse demeanor and credibility determinations the Hearing Panel

made after observing live testimony from Judge Peterson all

1 As explained more in Division 2 (e) below, we pretermit whether other

conduct by Judge Peterson, as set forth in eight other counts of the formal charges, constitutes violations of the CJC. 2 contribute to the conclusion we reach today.

1. Background and Procedural History

Judge Peterson was admitted to the State Bar of Georgia in

2013, and on March 5, 2020, she qualified to run for the office of

judge of the Douglas County Probate Court and therefore became a

judicial candidate for purposes of the CJC. See Inquiry Concerning

Coomer (“Coomer I”), 315 Ga. 841, 851 (885 SE2d 738) (2023). In

June 2020, she won a contested primary election. She then won the

general election, in which she was unopposed, and she was sworn in

for a four-year term as the Douglas County Probate Court judge on

December 29, 2020.

In September 2021, the JQC filed formal charges against Judge

Peterson alleging several violations of the CJC. The JQC amended

its charges in February 2022 and again in July 2022, alleging 50

counts of misconduct.2 The JQC Director dismissed 20 counts before

2 In September 2021, the JQC Director filed a motion to suspend Judge

Peterson pending the final outcome of its investigation. See JQC Rule 15 (C) (providing that this Court may suspend a judge with pay upon “receipt of sufficient evidence demonstrating that [the] judge poses a substantial threat

3 and during the final hearing, which was held over the course of

seven days beginning in September 2023 and concluding in

February 2024, leaving 30 counts remaining for the Hearing Panel’s

of serious harm to the public or to the administration of justice”). We denied that motion in October 2021, concluding that although we were “concerned about the number and the escalation in seriousness of the allegations against Judge Peterson,” there was not at that time “sufficient evidence to demonstrate that [she] pose[d] the ‘substantial threat of serious harm to the public or to the administration of justice’ necessary to support her interim suspension from office,” in part given the passage of time since the alleged misconduct. The Director filed a second motion seeking interim suspension of Judge Peterson in July 2022. In August 2022, we denied the motion, noting that many of the charges against Judge Peterson were “quite significant” and “may well warrant severe discipline,” but that she disputed the allegations; that it was “not at all clear that her alleged actions show[ed] that she ‘pose[d] a substantial threat of serious harm to the public or to the administration of justice’”; and that although JQC Rule 15 (C) permitted suspension, it does not permit interim- suspension proceedings to be used as a substitute for a hearing on the charges. On June 21, 2024, the JQC Director filed a third motion for interim suspension of Judge Peterson based on alleged conduct that occurred on June 20, 2024. In it, the Director asked that this Court “immediately impose an interim suspension pending the Court’s final determination in the above-styled matter; or in the alternative, direct the JQC’s Hearing Panel to conduct a hearing on this Motion and file with this Court a record of the proceeding and a report setting forth findings of fact, conclusions of law, and a recommendation regarding interim suspension.” The conduct alleged in that motion has not yet been the subject of any hearing, and in any event, we hereby dismiss that motion as moot because, as a result of this decision, Judge Peterson has now been removed from office. See Ga. Const., Art. VI, Sec. VII, Par. VIII (“Due process; review by Supreme Court. No action shall be taken against a judge except after hearing and in accordance with due process of law.”).

4 resolution.3

The Hearing Panel issued a Report and Recommendation on

March 31, 2024, finding that the Director had proven 28 of the 30

counts by clear and convincing evidence, but that discipline was

authorized pursuant to the Georgia Constitution for only 20 of those

counts.4 In so doing, the Hearing Panel concluded that Judge

3 Specifically, the Director dismissed Counts 5-12, 16-18, 20, 22-24, 27,

29, 36, 45, and 47. We note that the Director dismissed Counts 5-12 because they were premised on Judge Peterson’s conduct before she became a judicial candidate, and as we concluded in Coomer I, the CJC “governs only those actions taken while a person is a judge or judicial candidate.” 315 Ga. at 851 (emphasis omitted).

4 The counts that the Hearing Panel found were not proven by clear and

convincing evidence or for which discipline was not authorized under the Georgia Constitution included Counts 1-4 (related to social media posts Judge Peterson made; the Panel found that the Director proved by clear and convincing evidence violations of CJC Rules 1.2 (A), 1.2 (B), and 3.1 (A), but determined that no sanction was warranted because the Director failed to prove that Judge Peterson’s actions, taken outside her judicial capacity, were done in bad faith such that discipline was authorized under the Georgia Constitution); Counts 25-26 (related to Judge Peterson’s allegedly obstructing the JQC’s access to public records; the Panel found that the Director failed to prove these counts by clear and convincing evidence); Counts 44, 46, and 48 (related to Judge Peterson’s handling of a petition for letters of administration; the Panel found that the Director proved the counts by clear and convincing evidence but failed to prove that Judge Peterson acted in bad faith, such that discipline was authorized under the Georgia Constitution); and Count 49 (related to Judge Peterson’s alleged practice of backdating judicial orders; the Panel found that the Director proved this count by clear and convincing evidence but failed to prove that Judge Peterson acted in bad faith, such that

5 Peterson had violated multiple rules in the CJC and recommended

as a sanction that this Court remove her from office. Judge Peterson

filed a Notice of Exceptions to the Report and Recommendation

(“Exceptions”), see JQC Rule 24 (F), arguing that the Director had

not sufficiently proven that she committed sanctionable conduct,

and the Director filed a response to those Exceptions.

2. Analysis

As discussed more below, we agree with and affirm the Hearing

Panel’s conclusion that Judge Peterson’s misconduct with respect to

12 of the 20 counts (Counts 13, 28, 30-35, 37, 39-40 and 42) at issue

here was proven by clear and convincing evidence and warrants

discipline.5 Those counts relate to four separate matters, which

discipline was authorized under the Georgia Constitution). The Director has not challenged the Hearing Panel’s conclusions regarding these counts, so we do not address them. In addition, we note that Judge Peterson does not argue, and the record does not show, that any of the 20 remaining counts at issue here involved conduct that occurred before she became a judge or judicial candidate. See Coomer I, 315 Ga. at 851.

5 As we also explain below, although the Hearing Panel’s findings as to

the eight remaining counts (Counts 14-15, 19, 21, 38, 41, 43, and 50) are not clearly erroneous, we need not decide whether the Hearing Panel correctly concluded that Judge Peterson’s conduct as to those counts constituted

6 include Judge Peterson’s handling of a criminal contempt matter

(Counts 31 to 34), certain aspects of her conduct toward county

personnel (Counts 28 and 30), her conduct during a meeting of her

neighborhood homeowner’s association (“HOA”) (Count 13), and her

handling of a petition for year’s support (Counts 35, 37, 39-40, and

42). We discuss each of these four matters in turn below, applying

the following analytical framework.

First, we review the Hearing Panel’s findings as to Judge

Peterson’s conduct with respect to each matter. “We generally

review factual findings by the JQC Hearing Panel for clear error and

defer to the Hearing Panel’s credibility determinations.” Coomer II,

316 Ga. at 860. See also Coomer I, 315 Ga. at 847 (explaining that

“‘we give substantial consideration and due deference to the

[Hearing Panel’s] ability to evaluate the credibility of the witnesses

who appear before it’”) (citation omitted).6 Judge Peterson’s primary

violations of the CJC and warrants sanction, because affirmance of those counts is not necessary to reach our ultimate conclusion that Judge Peterson’s removal from the bench is the proper sanction in this case. 6 As we explained in Coomer II, although we generally defer to the

7 argument in her Exceptions to the Report and Recommendation is

that the Hearing Panel’s factual findings as to each of the matters

at issue are clearly erroneous, because the Panel either failed to

credit or to expressly mention in its Report and Recommendation

evidence that Judge Peterson says supported different findings. In

this respect, Judge Peterson devotes dozens of pages in her

Exceptions to recounting this other evidence. But we need not and

do not detail most of that evidence below; although Judge Peterson

is correct that some of the evidence she notes (if credited by the

Hearing Panel) could have supported different findings, the record

in this case does not compel those different findings. To the extent

the record contains evidence that could support findings in either

direction, the Hearing Panel was authorized to make the findings

that it did. See Coomer II, 316 Ga. at 860-861 (rejecting a judge’s

similar argument that evidence in the record could have supported

Hearing Panel’s factual findings, “the broad and discretionary nature of our review in judicial discipline matters means that we need not always defer even in situations where we would defer to a factfinder in an ordinary appeal.” 316 Ga. at 860 n.5. We reiterate that principle here, but also see no reason to depart from our general application of deference as articulated above. 8 different findings by the Hearing Panel, because the record did “not

compel the different findings that he prefer[red]”) (emphasis in

original). After thoroughly reviewing the record and the parties’

briefing, we conclude that the findings the Hearing Panel made that

are material to our ultimate conclusion in this case are not clearly

erroneous, and we defer to the findings that the Hearing Panel

made, as outlined below.

Second, we consider whether these findings support the

Hearing Panel’s conclusions that Judge Peterson’s actions, with

respect to each matter, amounted to violations of the CJC rules the

JQC charged. In considering whether the Director has proven

violations of the CJC, “we employ a ‘clear and convincing proof

standard.’” Coomer I, 315 Ga. at 847 (citation omitted). And we

review the Hearing’s Panel’s legal determinations de novo. See id.

As explained below, we agree with the Hearing Panel’s conclusions

that Judge Peterson violated multiple rules in the CJC.

Third, our review of the Hearing Panel’s findings and

conclusions is necessarily conducted through the lens of the Georgia

9 Constitution, and specifically the grounds for discipline that the

Georgia Constitution authorizes. Article VI, Section VII, Paragraph

VII (a) of the Georgia Constitution (“Paragraph VII (a)”) sets out five

grounds for discipline: “for willful misconduct in office, or for willful

and persistent failure to perform the duties of office, or for habitual

intemperance, or for conviction of a crime involving moral turpitude,

or for conduct prejudicial to the administration of justice which

brings the judicial office into disrepute.” Ga. Const., Art. VI, Sec.

VII, Par. VII (a). See also Coomer I, 315 Ga. at 858. As detailed

below, we agree with the Hearing Panel’s conclusion that Paragraph

VII (a) authorizes discipline against Judge Peterson for the counts

discussed below because the Director has met her burden of proving

that Judge Peterson’s conduct with respect to each of the four

matters at issue constitutes at least one constitutional basis that

authorizes discipline: either willful misconduct in office or conduct

prejudicial to the administration of justice which brings the judicial

office into disrepute. See Ga. Const., Art. VI, Sec. VII, Par. VII (a).

We then briefly review the Hearing Panel’s findings as to the

10 eight remaining counts (Counts 14-15, 19, 21, 38, 41, 43, and 50)

that the Panel found were proven by clear and convincing evidence

and warranted sanction. Although those findings are not clearly

erroneous, we need not decide whether the Hearing Panel correctly

concluded that Judge Peterson’s conduct as to those counts

constituted violations of the CJC and warrants discipline, because

affirmance of those counts is not necessary to reach our ultimate

conclusion that Judge Peterson’s removal from the bench is the

proper sanction in this case.

Finally, after reviewing all of the conduct underlying Judge

Peterson’s numerous violations of the CJC, we assess the proper

sanction. On that point, we agree with the Hearing Panel that

removal from office is the appropriate discipline here. See Coomer I,

315 Ga. at 847, 862 (explaining that “this Court is not well

positioned to resolve the factual questions of intent that are crucial

to determining whether discipline is constitutionally permitted,” but

that we review “legal determinations and the ultimate outcome de

novo”).

11 We now apply the analytical framework described above,

beginning with an evaluation of the counts that the Hearing Panel

found were proven by clear and convincing evidence and with which

we agree warrant discipline. We address first the most troubling

allegation: Judge Peterson’s handling of a criminal contempt

matter.

(a) Handling of a Criminal Contempt Matter (Counts 31 to 34)

(i) The Hearing Panel’s Findings Are Not Clearly Erroneous as

to the Material Facts Pertaining to Counts 31 to 34

With respect to Counts 31 to 34, the Hearing Panel found the

following facts pertaining to Judge Peterson’s handling of a criminal

contempt matter. On August 2, 2021, a petitioner, who is a

naturalized United States citizen but born in Thailand, filed in the

Douglas County Probate Court a petition to amend her marriage-

license application, which she had filed with the court in May 2016.

The petitioner sought to correct the name she had listed as her

father’s name on the marriage-license application. In support of her

petition, the petitioner attached a copy of her birth certificate, which

12 had been translated from Thai into English. The copy said that the

document was “not recommended as a legal document.” After

reviewing the petition to amend, Judge Peterson issued on August

12, 2021, a “Notice of Trial or Hearing,” which informed the

petitioner that she was required to attend an in-person hearing on

her petition on August 24 and that court-reporting services would

be provided only if the petitioner arranged for them. The notice

made no mention of any charges of contempt and did not advise the

petitioner that she was entitled to have counsel present.

At the hearing on the petition to amend (which was not

transcribed), the petitioner presented the copy of the translated

birth certificate, and Judge Peterson concluded that it was

“fictitious,” “fraudulent,” and “forged.” The petitioner explained to

Judge Peterson that she previously had listed her uncle’s name,

rather than her father’s name, on her marriage-license application

in 2016 because her father was not involved in her life and her uncle

had raised her. Judge Peterson ultimately determined that the

petitioner was trying to defraud the court and held her in contempt.

13 The contempt order stated that the petitioner “willfully provided

false information on the marriage application”; the court had been

“alerted to the fraudulent misrepresentations on August 2, 2021

when [the petitioner] filed a Petition to Amend Marriage Record”;

and the petitioner was “in blatant disregard of the laws of the State

of Georgia and of this [c]ourt evidenced by her fraudulent

misrepresentations to the [c]ourt via her filings with the [c]ourt.”7

7 During her testimony before the Hearing Panel, Judge Peterson repeatedly referred to the allegedly fraudulent nature of the petitioner’s translated birth certificate, a copy of which was admitted into evidence. When the Hearing Panel asked Judge Peterson what aspect of that document led her to conclude that the petitioner was defrauding the court, Judge Peterson said that at the hearing on the petition to amend, the petitioner “admitted under oath that this was not her birth certificate” and that she was trying to assist her mother in emigrating to the United States. The Hearing Panel then pointed out that Judge Peterson’s contempt order appeared to refer only to the petitioner’s marriage-license application as false (not the birth certificate), and Judge Peterson responded: It was the documentation. But when you have somebody coming into court, swearing under oath that I knew I lied; I lied; and the only reason I am changing this and updating the court is because I am trying to get my mother in the country; here is [a] copy version of something, a nonlegal document; so I want you to take this as true on who my father is, even though I swore under oath that my father was over here; that was an issue to the court. That was a decision that was made on the time. It appeared like it was a fictitious document, or what I thought as a fraudulent document, as well as the representations and the lies under oath, so I did hold her in contempt.

14 Judge Peterson sentenced the petitioner to the maximum allowable

term of incarceration for contempt—20 days in jail—but allowed her

to “purge” herself of the contempt order after serving two days if she

paid a $500 fine. After the petitioner served two days in the Douglas

County Jail and paid the $500 fine, she was released from custody.

The Hearing Panel found that Judge Peterson “provided

neither a firm nor a proper basis when she held [the petitioner] in

contempt and, without explanation or justification, imposed the

maximum term of incarceration plus a fine.” (Emphasis in original.)

It determined that the petitioner, who testified before the Panel, was

“in good faith trying to correct” what appeared to be “an innocent

mistake borne out of ignorance rather than ill-intent.” The Hearing

Panel noted that Judge Peterson testified that the petitioner sought

to amend the marriage-license application so that her mother could

emigrate from Thailand to the United States (although Judge

Peterson could not explain how the amendment would assist the

petitioner in obtaining emigration documents for her mother),

whereas the petitioner testified that she became aware of the

15 mistake on her marriage-license application while she was

completing emigration documents for her mother and believed she

should correct the application so that it would not be inconsistent

with her birth certificate. The Hearing Panel expressly credited the

petitioner’s testimony over Judge Peterson’s.

In addition, the Hearing Panel expressly discredited Judge

Peterson’s testimony that she had not concluded that the petitioner

made fraudulent representations before issuing the notice of the

hearing on the petition. In this respect, the Hearing Panel found

that Judge Peterson “predetermined that [the petitioner] had made

a ‘fraudulent misrepresentation . . . via her filings with the court on

May 3rd of 2016’ before ever conducting a hearing on the matter.”

The Hearing Panel noted that Judge Peterson denied making any

such predetermination and testified before the Panel that she found

the petitioner in contempt based on her submission of the

supposedly fictitious birth certificate at the hearing on the petition,

but the Panel found that testimony to be false, because it

“contradict[ed] the plain language of the order,” which referred only

16 to the alleged fraudulent misrepresentations in the marriage

application.

Because evidence presented at the hearing supports the

Hearing Panel’s findings that are material to our ultimate

conclusion, those findings, as recounted above, are not clearly

erroneous. See Coomer II, 316 Ga. at 860-861.8

(ii) Judge Peterson Violated CJC Rules 1.1, 1.2 (A), 1.2 (B), and

2.2

The Hearing Panel concluded that the Director proved by clear

and convincing evidence that Judge Peterson violated CJC Rules 1.1

(Count 31), 1.2 (A) (Count 32), 1.2 (B) (Count 33), and 2.2 (Count 34)

8 Judge Peterson correctly points out in her Exceptions that the Hearing

Panel noted, among other things, that the petitioner’s “father was such a remote actor in her life that [the petitioner] did not even know his name in 2016 when she completed the license application,” which contradicts undisputed evidence that the petitioner possessed the translated copy of her birth certificate, which correctly listed her father’s name, for several years before she completed the marriage-license application. But that error does not affect our ultimate conclusion on Counts 31 to 34 because the Hearing Panel expressly noted other reasons for crediting the petitioner’s testimony, including her demeanor and motive in testifying, and because the Hearing Panel’s finding that the petitioner did not know her father’s name when she completed the license application is not material to our ultimate conclusions related to this incident. See Coomer II, 316 Ga. at 860-861. 17 in connection with the contempt matter.9 We agree.

To begin, the Hearing Panel credited the petitioner’s testimony

over Judge Peterson’s account and found that, in attempting to

amend her marriage-license application, the petitioner was “in good

faith trying to correct” an “innocent mistake.” After affording proper

deference to that credibility determination, see Coomer I, 315 Ga. at

847, it is clear to this Court that Judge Peterson’s contempt ruling

was baseless. In response to the petitioner’s good-faith effort to

amend her marriage-license application so that it would not be

inconsistent with her birth certificate, Judge Peterson made an

unsubstantiated finding that the petitioner was somehow

attempting to defraud the court, and then unjustifiably held her in

contempt. Indeed, the Hearing Panel determined that Judge

9 CJC Rule 1.1 says, “Judges shall respect and comply with the law.” CJC

Rule 1.2 (A) says, “Judges shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary.” Rule 1.2 (B) says, in pertinent part, “An independent and honorable judiciary is indispensable to justice in our society. Judges shall participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe such standards of conduct so that the independence, integrity, and impartiality of the judiciary may be preserved.” CJC Rule 2.2 says, “Judges shall dispose of all judicial matters fairly, promptly, and efficiently.” 18 Peterson, in testifying before the Panel, lied about the basis for her

contempt ruling when she repeatedly referenced her belief that the

translated birth certificate was fraudulent, notwithstanding that

her written contempt order focused only on the alleged fraudulent

misrepresentations in the marriage-license application (not the

birth certificate).

Judge Peterson’s untruthful testimony in this respect

underscores her conscious wrongdoing in determining that the

petitioner had defrauded the court before issuing the notice of the

hearing on the petition, because, as the Hearing Panel found, Judge

Peterson purposely issued the notice without advising the petitioner

that a criminal contempt charge on the allegation of fraud would be

adjudicated at the hearing, so that the petitioner would be

unprepared to defend herself when Judge Peterson summarily

found her guilty of criminal contempt. As we explain below, these

actions of misconduct evinced a willful disregard for the basic

requirements of due process.

It is well established that “‘[c]riminal contempt is a crime in

19 the ordinary sense,’” and “‘criminal penalties may not be imposed on

someone who has not been afforded the protections that the

Constitution requires of such criminal proceedings.’” Intl. Union,

United Mine Workers of America v. Bagwell, 512 U.S. 821, 826 (114

SCt 2552, 129 LE2d 642) (1994) (citations omitted).10 In this respect,

although a judge may announce punishment summarily and

without further notice or hearing when “‘contumacious conduct’”

occurs in the judge’s presence and “‘threatens a court’s immediate

ability to conduct its proceedings, such as where a witness refuses

to testify, or a party disrupts the court,’” when the “‘alleged

contumacious acts’” are committed outside the judge’s presence, due

process requires that the alleged offender is entitled to “‘more

normal adversary procedures.’” Ramirez v. State, 279 Ga. 13, 14-15

(608 SE2d 645) (2005) (citations omitted). See also OCGA §§ 15-9-34

10 Criminal contempt differs from civil contempt, which “seeks only to

‘coerc[e] the defendant to do’ what a court had previously ordered him to do.” Turner v. Rogers, 564 U.S. 431, 441 (131 SCt 2507, 180 LE2d 452) (2011) (citation omitted). Here, it is undisputed that the contempt was criminal (rather than civil), as Judge Peterson was not seeking to compel the petitioner to comply with a previous judicial order. 20 (a) (“The judge of the probate court shall have power to enforce

obedience to all lawful orders of his or her court . . . by attachment

for contempt under the same rules as are provided for other

courts.”); 15-1-4 (a) (1) (providing, as pertinent here, that “[t]he

powers of the several courts to . . . inflict summary punishment for

contempt of court shall extend only to cases of . . . [m]isbehavior of

any person or persons in the presence of such courts or so near

thereto as to obstruct the administration of justice”).

Thus, a person being tried for contempt related to an act

committed outside a judge’s presence (also known as indirect

contempt) “‘must be advised of charges, have a reasonable

opportunity to respond to them, and be permitted the assistance of

counsel and the right to call witnesses,’” among other things.

Ramirez, 279 Ga. at 15 (quoting Young v. United States ex rel.

Vuitton et Fils S.A., 481 U.S. 787, 798-799 (107 SCt 2124, 95 LE2d

740) (1987)). See also, e.g., Taylor v. Hayes, 418 U.S. 488, 497-498

(94 SCt 2697, 41 LE2d 897) (1974) (explaining that although a judge

may, “for the purpose of maintaining order in the courtroom,”

21 “punish summarily and without notice or hearing contemptuous

conduct committed in his presence and observed by him,” “summary

punishment always, and rightly, is regarded with disfavor” and

“reasonable notice of a charge and an opportunity to be heard in

defense before punishment is imposed are ‘basic in our system of

jurisprudence’”) (cleaned up).

Here, Judge Peterson’s contempt order shows that her ruling

was based on the petitioner’s allegedly providing fraudulent

information on her marriage-license application—conduct that

necessarily happened outside Judge Peterson’s presence, since the

petitioner filled out the application and submitted it to the court

more than five years before being ordered to appear for a hearing—

and as discussed above, the Hearing Panel discredited Judge

Peterson’s testimony to the contrary.11 Even assuming for the sake

of argument that the information the petitioner initially supplied

11 Moreover, there is no allegation, let alone evidence, that the petitioner’s conduct “‘threaten[ed]’” or “‘disrupt[ed]’” the “court’s immediate ability to conduct its proceedings,” see Ramirez, 279 Ga. at 14 (citation omitted), as would be required for summary punishment. 22 the court was fraudulent—and also assuming that filing such

information could warrant a sanction of criminal contempt—the

petitioner’s alleged conduct constituted indirect contempt at most,

such that the petitioner was entitled to the due-process protections

generally afforded to other criminal defendants. Thus, before

holding the petitioner in contempt, Judge Peterson was required to

advise the petitioner of the contempt charges, provide her a

reasonable opportunity to respond to them, and permit her the

assistance of counsel and the right to call witnesses, among other

processes and protections. See Ramirez, 279 Ga. at 15.

As the Hearing Panel determined, however, Judge Peterson

provided the petitioner none of these foundational due-process

protections before sentencing her to serve 20 days in jail. Even

worse, the Panel concluded that Judge Peterson decided that the

petitioner had committed fraud on the court before she issued the

notice of the hearing on the petition and then purposely issued the

notice in a way that failed to advise the petitioner that a criminal

charge would be adjudicated at the hearing. As the Hearing Panel

23 pointed out, the contempt order stated that Judge Peterson “was

alerted to the [petitioner’s alleged] fraudulent misrepresentations

on August 2, 2021[,] when [the petitioner] filed a Petition to Amend

Marriage Record.” Yet Judge Peterson’s notice of the hearing on the

petition, which was issued ten days after Judge Peterson “was

alerted to” the alleged fraud, provided the petitioner no notice of the

contempt charge, such that the petitioner could obtain counsel or

meaningfully defend against the charge before she was summarily

found guilty and sentenced. Noting that Judge Peterson testified

that she knew the difference between direct and indirect contempt

because she had previously “research[ed]” the issue, the Hearing

Panel determined that Judge Peterson “knew the procedures she

employed failed to meet . . . due process requirements” when she

“predetermined” that the petitioner committed criminal contempt;

issued the notice of the hearing without informing the petitioner

that the criminal contempt matter would be adjudicated; ambushed

the petitioner at the hearing by alleging that she had committed a

crime; summarily found the petitioner guilty and sentenced her; and

24 then lied about her actions in her testimony before the Panel.12

Given these circumstances, we have no difficulty concluding,

as the Hearing Panel did, that the Director proved by clear and

convincing evidence that Judge Peterson failed to “comply with the

law,” in violation of CJC Rule 1.1, by failing to provide the petitioner

basic due-process protections in a criminal proceeding; acted in such

a manner as to severely diminish “public confidence” in the

“integrity” and “impartiality of the judiciary,” in violation of CJC

Rules 1.2 (A) and (B); and failed to adjudicate the contempt matter

fairly, in violation of CJC Rule 2.2. See In re Judicial Qualifications

Comm. Formal Advisory Opinion No. 239, 300 Ga. 291, 297 (794

12 In this regard, the Hearing Panel found that Judge Peterson “predetermined” “before ever conducting a hearing on the matter” that the petitioner had committed fraud when she filed her marriage-license application; Judge Peterson then issued the notice of the hearing on the petition to amend the marriage-license application, which made “no mention of contempt (or the risk of being fined or sent to jail)”; the petitioner’s “hearing lacked any meaningful due process protections and essentially amounted to summary punishment—and incarceration—for conduct that occurred outside the presence of [Judge Peterson], which is prohibited”; and that to the extent Judge Peterson denied in her testimony before the Panel that she had predetermined the petitioner’s guilt before she issued the notice of the hearing on the petition, the Panel “d[id] not credit such testimony because it contradicts the plain language of the [contempt] order which is a more reliable contemporaneous record of the events.” 25 SE2d 631) (2016) (explaining that former Canon 2 (A) of the CJC,

which said that “‘[j]udges shall respect and comply with the law,’”

“is not implicated by ‘mere decisional or judgmental errors’” but is

violated by “[a] knowing and willful misapplication of the law”)

(citation omitted); Inquiry Concerning Fowler, 287 Ga. 467, 468 &

n.1 (696 SE2d 644) (2010) (concluding that a judge violated former

Canon 2 (A) and former Canon 1, which said “‘[j]udges shall uphold

the integrity and independence of the judiciary,’” in the prior CJC,

because he improperly stated on a routine basis to criminal

defendants that they had the burden of proving their innocence); In

the Matter of: Inquiry Concerning a Judge, 275 Ga. 404, 405-409 &

n.4 (566 SE2d 310) (2002) (determining that a magistrate judge

violated former Canon 2 and former Canon 3, which required judges

to “’perform the duties of the judicial office impartially and

diligently,’” of the prior CJC when he ordered a litigant to pay a fine

without providing notice and a hearing, ordered another litigant to

pay damages without notice and a hearing, and ordered a

warrantless search without determining whether probable cause

26 existed); In the Matter of: Inquiry Concerning a Judge, 265 Ga. 843,

848-851 (462 SE2d 728) (1995) (concluding that a judge’s conduct in

refusing to set appeal bonds to which two criminal defendants were

entitled by law, issuing two bench warrants without probable cause,

and forcing a criminal defendant to plead guilty without counsel

violated former Canons 1, 2, and 3 of the prior CJC, and noting that

the judge’s “cavalier disregard of these defendants’ basic and

fundamental constitutional rights exhibit[ed] an intolerable degree

of judicial incompetence, and a failure to comprehend and safeguard

the very basis of our constitutional structure”); In the Matter of:

Inquiry Concerning a Judge No. 94-70, 265 Ga. 326, 329 (454 SE2d

780) (1995) (holding that a judge violated former Canon 2 (A) and

other canons of the former CJC by “exercis[ing] [her] contempt

power in order to intimidate and coerce other elected officials”).

(iii) Judge Peterson’s Conduct Constitutes Willful Misconduct

in Office, Such that Discipline is Authorized Under Paragraph VII

(a) of the Georgia Constitution

Having determined that Judge Peterson violated CJC Rules

27 1.1, 1.2 (A), 1.2 (B), and 2.2, we now turn to whether the Georgia

Constitution authorizes discipline for these violations. In its Report

and Recommendation, the Hearing Panel found that Judge

Peterson’s actions regarding this incident constituted willful

misconduct in office because she acted in bad faith. See Ga. Const.,

Art. VI, Sec. VII, Par. VII (a). The Hearing Panel’s factual findings

that Judge Peterson’s conduct involved bad faith are supported by

the record and are therefore not clearly erroneous. See Coomer II,

316 Ga. at 866-873. Based on those findings, we agree that Judge

Peterson’s actions constituted “willful misconduct in office” and that

discipline is authorized. Ga. Const., Art. VI, Sec. VII, Par. VII (a).13

“We interpret ‘willful misconduct in office’ to mean actions

taken in bad faith by the judge acting in her judicial capacity.”

Coomer I, 315 Ga. at 859 (citation and punctuation omitted). And as

13 The Hearing Panel alternatively concluded that additional constitutional bases existed that would warrant discipline: that Judge Peterson’s conduct with respect to this matter constituted habitual intemperance and judicial conduct prejudicial to the administration of justice. See Ga. Const., Art. VI, Sec. VII, Par. VII (a). We need not decide whether those determinations were correct, because Paragraph VII (a) authorizes discipline on the ground that Judge Peterson committed willful misconduct in office.

28 we recently explained, bad faith generally encompasses at least two

characteristics: “that the duty breached by the actor was known to

that actor, and that the actor was acting with some self-interest or

ill will. It certainly ‘must involve something more than negligence.’”

Coomer II, 316 Ga. at 866 (citation omitted). “‘[B]ad faith is not

simply bad judgment or negligence, but it imports a dishonest

purpose or some moral obliquity, and implies conscious doing of

wrong, and means breach of known duty through some motive of

interest or ill will.’” Id. (citation omitted).14

Here, Judge Peterson was clearly acting in her judicial capacity

when she found the petitioner guilty of criminal contempt and

sentenced her. And the Hearing Panel’s findings that she was acting

14 We articulated these general characteristics in analyzing one of the

other bases for judicial discipline under Paragraph VII (a) of the Georgia Constitution, “conduct prejudicial to the administration of justice which brings the judicial office into disrepute.” As discussed more below, that disciplinary ground is implicated in two circumstances: when a judge’s inappropriate actions outside her judicial capacity are taken in bad faith and when a judge’s inappropriate actions in her judicial capacity are taken in good faith, but are “‘unjudicial and harmful to the public’s esteem of the judiciary.’” Coomer I, 315 Ga. at 859 (citation omitted). As we explained in Coomer I, both prejudicial conduct outside a judge’s judicial capacity and willful misconduct in a judicial capacity require a showing of bad faith. See id. at 859-860. Thus, the general characteristics of bad faith that we set forth in Coomer I are applicable here. 29 in bad faith are supported by the evidence presented at the hearing.

The Panel determined that Judge Peterson knew about the basic

due-process requirements for indirect contempt proceedings, a

finding that is supported by Judge Peterson’s testimony on that

point. The Hearing Panel also concluded that Judge Peterson

“predetermined” that the petitioner had committed criminal

contempt well before she issued the notice of the hearing on the

petition to amend the marriage record, yet she purposely issued the

notice without informing the petitioner of any such criminal charge

and then summarily sentenced the petitioner without providing her

any of the fundamental due-process protections to which she was

entitled. As the Hearing Panel noted, the plain language in the

notice of the hearing and in the contempt order contradicts Judge

Peterson’s testimony that she had not predetermined the

petitioner’s guilt before she issued the notice, such that the Panel

was authorized to conclude that Judge Peterson’s testimony in this

respect was false and indicated that she was attempting to conceal

her wrongdoing. This credibility determination by the Hearing

30 Panel was based in significant part on its observations of Judge

Peterson’s (and the petitioner’s) testimony during the hearing, and

it is “the kind of finding to which we offer considerable deference.”

Coomer II, 316 Ga. at 866.

In sum, the Hearing Panel’s finding of bad faith with respect

to Judge Peterson’s wrongful summary adjudication of the criminal

contempt matter is authorized by the evidence presented at the

hearing, particularly her dishonest testimony about her

wrongdoing. As we have explained, although we do not expect judges

to be perfect, “we can and do expect them to be honest. The judiciary

has no place for dishonest persons,” as “‘[t]he judiciary’s authority .

. . depends in large measure on the public’s willingness to respect

and follow its decisions.’” Coomer II, 316 Ga. at 866 (citation

omitted). Because Judge Peterson’s actions were not merely

negligent, but painted a picture of conscious wrongdoing motivated

by ill will, we agree that her actions were taken in bad faith. Thus,

Judge Peterson’s conduct constitutes willful misconduct in office,

such that Paragraph VII (a) of the Georgia Constitution authorizes

31 discipline for her actions with regard to this matter. See Ga. Const.,

Art. VI, Sec. VII, Par. VII (a). See also Coomer II, 316 Ga. at 866-873

(holding that a judge’s violations of CJC “Rule 1.1 and/or Rule 1.2

(A),” which were not done negligently but with self-interest and

showed that he could not “be trusted to handle judicial matters

before him with honesty and integrity,” amounted to bad faith); In

re Judicial Qualifications Comm. Formal Advisory Opinion No. 239,

300 Ga. at 297 (explaining that “[a] knowing and willful

misapplication of the law, of course, would amount to bad faith and

thereby implicate the Code of Judicial Conduct”); Fowler, 287 Ga. at

468-472 (noting that a judge’s “ignorance of the law [wa]s

inexcusable” where he “fail[ed] to grasp the basic tenets of criminal

procedure to the extent that he d[id] not even understand the burden

of proof in a criminal matter” and stemmed “not from unintentional

mistakes or a lack of legal education, as [the judge] contend[ed], but

from ‘willful misconduct in office,’” among other things). Cf. Bagwell,

512 U.S. at 831 (explaining that the contempt power “uniquely is

liable to abuse,” and in the context of civil contempt noting that

32 “sanctioning the contumacious conduct . . . often strikes at the most

vulnerable and human qualities of a judge’s temperament, and its

fusion of legislative, executive, and judicial powers summons forth .

. . the prospect of the most tyrannical licentiousness”) (citations and

punctuation omitted).

(b) Conduct Toward County Personnel (Counts 28 and 30)

(i) The Hearing Panel’s Findings Are Not Clearly Erroneous as

to Counts 28 and 3015

With respect to Counts 28 and 30 (conduct toward county

personnel), the Hearing Panel found as follows. By way of

background, in April 2021, the Chief Judge of the Douglas County

Superior Court limited Judge Peterson’s after-hours access to the

Douglas County courthouse following an incident in which she

allegedly improperly admitted public citizens to the courthouse

15 As explained more below in Division 2 (e), we review in this subsection

only some of the conduct the Director charged with respect to Counts 28 and 30. And because we conclude that at least some of the charged conduct constitutes a violation of the CJC, we need not address the Hearing Panel’s additional conclusions regarding other conduct the Director charged with respect to these counts.

33 without ensuring that they had undergone security screening by

sheriff’s deputies. During the days in which her after-hours access

to the courthouse was limited, Judge Peterson submitted three

“Event Worksheets,” each of which requested three sheriff’s

deputies to be present at the courthouse after it was closed to the

public so that she could have after-hours access. Specifically, she

requested deputies to be present from 5:00 p.m. to 8:00 a.m. on April

22 to 23; 5:00 p.m. to 11:59 p.m. on April 23; and 12:00 a.m. to 8:00

a.m. on April 25 to 26. Although these requests would necessarily

require taxpayer-funded deputies to work overtime, Judge Peterson

was unable to provide a particular reason why she needed to be

physically present in the courthouse at those times, most of which

were overnight. Although Judge Peterson argues in her Exceptions

that she often worked later than regular court hours and that her

testimony on that point showed that her requests for after-hours

access to the courthouse (and the presence of security) were

legitimate, she also admits that the requests “might not have been

the most appropriate response.” The Hearing Panel expressly noted

34 Judge Peterson’s testimony about these requests and found that

Judge Peterson “never put forth a particular reason why she needed

to be physically present inside the courthouse on the dates and times

she requested.”

In a separate event related to Judge Peterson’s treatment of

courthouse personnel, the sheriff’s deputy who was scheduled to

escort Judge Peterson from her chambers to her courtroom on May

11, 2021, did not arrive in Judge Peterson’s chambers on time.

Believing that she would be late for court, she pushed the panic

button under her desk to summon the deputy. Thinking there was

an emergency in Judge Peterson’s chambers, sheriff’s deputies

hurried to her chambers. When they arrived, they realized that

there was no emergency. At her hearing before the Hearing Panel,

Judge Peterson testified that she did not know the button was a

“panic button” that was to be used only in emergencies. The Hearing

Panel expressly discredited Judge Peterson’s testimony on that

point.

After reviewing the record and considering Judge Peterson’s

35 Exceptions, we cannot say that the Hearing Panel’s findings as to

these incidents—which are supported by record evidence—are

clearly erroneous. See Coomer II, 316 Ga. at 860-861.

(ii) Judge Peterson Violated CJC Rules 1.2 (B) and 2.8 (B)

With respect to Count 28, the JQC charged Judge Peterson

with violating CJC Rule 1.2 (B), alleging that her requests for after-

hours court access and her activation of the panic button when there

was no emergency were not in accordance with the “high standards

of conduct” necessary to preserve the “independence, integrity, and

impartiality of the judiciary.” And with respect to Count 30, the JQC

charged Judge Peterson with violating CJC Rule 2.8 (B) by failing

to demonstrate “patient, dignified, and courteous” conduct to the

county personnel involved in the matters discussed above.16 Based

on the findings detailed above, the Hearing Panel determined that

the Director proved by clear and convincing evidence that Judge

16 CJC Rule 2.8 (B) says, “Judges shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom they deal in their official capacity, and shall require similar conduct of all persons subject to their direction and control.” 36 Peterson violated Rules 1.2 (B) and 2.8 (B), because her actions were

not consistent with the “high standards that Rules 1.2 (B) and 2.8

(B) require of members of the judiciary.” The Hearing Panel

determined that Judge Peterson “made multiple frivolous requests

for middle-of-the-night courthouse access without any showing that

she in fact intended to be in the building during these times—and

plainly without consideration of the taxpayer expense that comes

with paying multiple deputies overtime for each such demand,” and

that she “abused the courthouse panic button system when, losing

patience after waiting only several minutes, she accelerated her

deputy escort’s arrival via that button rather than by phone or e-

mail.” The Panel found that Judge Peterson’s actions “raise grave

concerns about [her] general judicial demeanor and the manner in

which she treats others.”

We agree with the Hearing Panel that Judge Peterson violated

CJC Rules 1.2 (B) and 2.8 (B).17 By requesting sheriff’s deputies to

17 Judge Peterson does not argue in her Exceptions that the Hearing

Panel’s findings of misconduct do not constitute violations of CJC Rules 1.2 (B) and 2.8 (B). 37 work throughout the night so that she could have after-hours access

to the courthouse (without any showing that she actually planned to

be in the building, let alone work, during those wide-ranging

timeframes) and using the panic button to summon a deputy to

escort her to court, Judge Peterson did not demonstrate the decorum

and temperament required of a judge. As discussed above, the

Hearing Panel expressly found that Judge Peterson’s testimony that

she did not know the button was a “panic button” that was to be used

only in emergencies was “unconvincing[ ].” We defer to that

credibility finding. See Coomer I, 315 Ga. at 847. We therefore agree

with the Hearing Panel’s conclusions that Judge Peterson failed to

maintain the “high standards” required to preserve the “integrity”

of the judiciary and failed to demonstrate a “patient, dignified, and

courteous” demeanor to county personnel.

(iii) Judge Peterson’s Conduct Constitutes Willful Misconduct

in Office, Such that Discipline is Authorized Under Paragraph VII

With respect to Counts 28 and 30, the Hearing Panel concluded

38 that Judge Peterson’s conduct was in her judicial capacity and in

bad faith, such that it constitutes willful misconduct in office. See

Ga. Const., Art. VI, Sec. VII, Par. VII (a).18 We agree. The Hearing

Panel found that, with respect to Judge Peterson’s requests for after-

hours deputy coverage and her activating the panic button, she

“knowingly acted discourteously and impatiently in order to advance

her self-interest.” This finding is supported by the evidence

presented at the hearing, including Judge Peterson’s inability to

explain during her testimony why she needed to be present at the

courthouse for extended periods of time in the middle of the night

and her false testimony that she was unaware of the proper use of

the panic button. The Hearing Panel also found that Judge Peterson

“summoned the deputy in bad faith” when she pressed the panic

button because she “likely was motivated by ill will toward the

18 The Hearing Panel alternatively concluded that two other constitutional bases existed that would warrant discipline: that Judge Peterson’s misconduct constituted habitual intemperance and was prejudicial to the administration of justice which brings the judicial office into disrepute. See Ga. Const., Art. VI, Sec. VII, Par. VII (a). But because we conclude that Judge Peterson’s actions stemmed from willful misconduct in office, we need not decide whether these alternate bases for discipline apply. 39 Sheriff’s Office” after the incident that led to her restricted after-

hours access to the courthouse. Because the Hearing Panel found

that Judge Peterson’s actions were not merely negligent but were

motivated by self-interest, and that finding is not clearly erroneous,

we conclude that Judge Peterson’s actions were taken in bad faith

while she was acting in her judicial capacity, such that she

committed willful misconduct in office. Thus, discipline is

authorized for this conduct. See Ga. Const., Art. VI, Sec. VII, Par.

VII (a); Coomer I, 315 Ga. at 859-860.

(c) HOA Meeting (Counts 13 to 15)

(i) The Hearing Panel’s Findings Are Not Clearly Erroneous as

to Counts 13 to 15

With respect to Counts 13 to 15, the Hearing Panel found the

following pertaining to Judge Peterson’s conduct during a meeting

of her neighborhood HOA in March 2022. Judge Peterson,

representing herself, filed a lawsuit against the HOA and members

of the HOA Board of Directors in July 2021. The lawsuit alleged,

among other things, that the defendants had breached the HOA

40 bylaws by holding an improper election to select the Board of

Directors and sought an injunction to compel a special election in

accordance with the bylaws. Judge Peterson knew that the

defendants were represented by counsel.

On March 31, 2022, while her lawsuit was still pending, Judge

Peterson attended an HOA meeting, over which two members of the

Board of Directors presided. The meeting was video-recorded, and

the recording showed that during the meeting, Judge Peterson

asked the two members of the Board of Directors questions about

her “lawsuit,” urged them to “call a special election,” and offered to

“dismiss the lawsuit” if they did so. When other meeting attendees

spoke out against Judge Peterson, she engaged in hostile exchanges

and made sarcastic remarks toward them, such as, “You are in a low

place.” After the meeting, Judge Peterson told the members of the

Board of Directors that their counsel was giving them bad legal

advice.

The Hearing Panel’s findings, as summarized above, are not

clearly erroneous, because there was evidence presented at the

41 hearing to support them. See Coomer II, 316 Ga. at 860-861.

(ii) Judge Peterson Violated CJC Rule 1.1

We agree with the Hearing Panel’s conclusion that Judge

Peterson’s conduct in connection with this incident violated CJC

Rule 1.1 (Count 13).19 The Hearing Panel determined that Judge

19 As discussed more below in Division 2 (e), we do not address whether

the Hearing Panel correctly concluded that Judge Peterson violated CJC Rules 1.2 (A) and (B), as alleged in Counts 14 and 15. In addition, we note that Judge Peterson briefly argues in her Exceptions that the Hearing Panel failed to address her contention, advanced in a motion for a directed verdict filed during her hearing, that certain CJC rules violated her right to free speech under the First Amendment to the United States Constitution and Article I, Section I, Paragraph V of the Georgia Constitution of 1983. Specifically, in her motion for a directed verdict, Judge Peterson claimed that Counts 1 to 4 (which charged violations of CJC Rules 1.2 (A), 1.2 (B), 3.1 (A), and 1.3, respectively, based on social media posts that Judge Peterson made) and 13 to 15 (which charged violations of CJC Rules 1.1 (premised on a violation of GRPC 4.2 (a)), 1.2 (A), and 1.2 (B), respectively, based on Judge Peterson’s conduct at the HOA meeting) violated her right to free speech. The Hearing Panel rejected Judge Peterson’s free-speech-violation claims in a section of its Report and Recommendation addressing its conclusion that the Director had not proven Counts 1 to 4 by clear and convincing evidence. It is not clear whether the Hearing Panel also rejected Judge Peterson’s free-speech claims as to Counts 13 to 15 in its Report and Recommendation. But in any event, we note with respect to those counts that Judge Peterson’s motion for a directed verdict focused on her contention that CJC Rules 1.2 (A) and 1.2 (B) (which require judges to preserve the “independence, integrity, and impartiality of the judiciary”), as alleged in Counts 14 and 15, violated her right to free speech. She made no specific argument, however, about CJC Rule 1.1 (which requires judges to “respect and comply with the law” and which violation was premised on her failure to comply with GRPC 4.2 (a)), as alleged in Count 13. Instead, Judge Peterson implied in a single sentence in a footnote in her motion that

42 Peterson failed to “respect and comply with the law,” in violation of

CJC Rule 1.1, when she violated Rule 4.2 (a) of the Georgia Rules of

Professional Conduct (“GRPC”) for lawyers, which says: “A lawyer

who is representing a client in a matter shall not communicate about

the subject of the representation with a person the lawyer knows to

be represented by another lawyer in the matter, unless the lawyer

has the consent of the other lawyer or is authorized to do so by law

the free-speech arguments related to alleged violations of CJC Rules 1.2 (A) and 1.2 (B) in Counts 14 and 15 were “applicable” to the Rule 1.1 violation alleged in Count 13. And in her Exceptions, Judge Peterson makes only the cursory assertion that “[a]s an individual, [she] has the right to associate with and debate with her chosen association that is constitutionally protected by the First Amendment.” Even to the extent Judge Peterson has preserved her free-speech claims as to Counts 13 to 15, we need not address her arguments that the alleged violations of CJC Rules 1.2 (A) and 1.2 (B) in Counts 14 and 15, violated her right to free speech because, as discussed more below, we do not address whether she violated those rules. And as to her free-speech argument about CJC Rule 1.1, as alleged in Count 13, we note that—contrary to the implication in her motion for a directed verdict—the legal analysis that applies to that claim is not the same analysis that applies to her free-speech claims regarding alleged violations of CJC Rules 1.2 (A) and 1.2 (B) in Counts 14 and 15. Compare Gentile v. State Bar of Nevada, 501 U.S. 1030, 1071-1074 (111 SCt 2720, 115 LE2d 888) (1991) (explaining that “lawyers in pending cases [are] subject to ethical restrictions on speech to which an ordinary citizen would not be” and “the speech of lawyers representing clients in pending cases may be regulated under a less demanding standard than that established for regulation of the press” because lawyers “have special access to information through discovery and client communications,” such that “their extrajudicial statements pose a threat to the fairness of a pending proceeding”). Thus, any such claim with respect to Count 13 fails. 43 or court order.” By telling the two members of the HOA Board of

Directors that she would dismiss her lawsuit against the HOA and

the Board if they held a special election, Judge Peterson, who was

acting as her own lawyer in the matter, communicated (and even

attempted to negotiate) with parties to the lawsuit, even though she

knew they were represented by counsel. As a result, she violated

GRPC 4.2 (a). The “Terminology” section of the CJC defines “law” as

“denot[ing] court rules as well as statutes, constitutional provisions,

judicial emergency orders . . . and decisional law, including the Code

of Judicial Conduct and Advisory Opinions of the Judicial

Qualifications Commission.” “The GRPCs are rules promulgated by

this Court, which presumptively brings them within the scope of

‘court rules,’” Coomer II, 316 Ga. at 862-863 (citation omitted), and

Judge Peterson makes no argument that the GRPCs are not “court

rules.”20

Noting her testimony at the hearing that her comment about

20 As we noted in Coomer II, “[b]ecause no such argument is before us

today, we do not foreclose such an argument in a future case.” 316 Ga. at 863 n.7. 44 dismissing the lawsuit was not meant to be a formal offer and that

she did not actually believe that the two members of the Board of

Directors had any actual authority to settle the lawsuit (because, as

her lawsuit alleged, they were not properly elected), Judge Peterson

asserts in her Exceptions that she did not violate GRPC 4.2 (a)

because she was acting as a homeowner, not a lawyer, when she

offered to dismiss the lawsuit. But the Hearing Panel rejected that

version of Judge Peterson’s testimony, expressly discrediting her

“feigned ignorance” and instead finding that she was an

“experienced” attorney who knew that the lawsuit she personally

brought was still pending and that the defendants were represented

by counsel. We defer to the Hearing Panel’s credibility

determination, see Coomer I, 315 Ga. at 847, and likewise conclude

that Judge Peterson violated CJC Rule 1.1 for the reasons explained

above.

(iii) Judge Peterson’s Conduct Outside Her Judicial Capacity

Was Undertaken in Bad Faith and Is Prejudicial to the

Administration of Justice, Such that Discipline is Authorized Under

45 Paragraph VII (a) of the Georgia Constitution

As discussed more below, a judge may be disciplined for

conduct undertaken “‘in good faith’” in her judicial capacity, if that

conduct “‘appear[s] to be unjudicial and harmful to the public’s

esteem of the judiciary.’” Coomer I, 315 Ga. at 859 (citation

omitted).21 But “when a person who is a judge acts outside of that

capacity, this Court’s ability to discipline the judge is more limited.

In order for actions taken outside of a judge’s judicial capacity to

constitute ‘conduct prejudicial to the administration of justice’ and

thus within our constitutional power to discipline, those actions

must be taken in bad faith.” Coomer II, 316 Ga. at 861. Thus, as the

Hearing Panel correctly noted in its Report and Recommendation,

21 It appears that we first used the term “unjudicial” when defining “conduct prejudicial to the administration of justice which brings the judicial office into disrepute” in 1995, see In the Matter of: Inquiry Concerning a Judge No. 94-70, 265 Ga. at 328, and have since repeated that term in two other judicial discipline cases. See Coomer I, 315 Ga. at 859; In the Matter of: Inquiry Concerning a Judge, 265 Ga. at 844 n.2. At least some of us are concerned that the word “unjudicial” is conclusory and does little in the way of articulating a standard of conduct that a reasonable judge would understand. But even if that is so, it does not affect our analysis in this case, because the definition of the word “unjudicial” is not central to any substantive analysis pertaining to whether it is within our constitutional power to discipline Judge Peterson. 46 we may discipline Judge Peterson for her violation of CJC Rule 1.1

in connection with this incident only if her conduct was carried out

in bad faith.

In this respect, the Hearing Panel found that Judge Peterson

breached a known duty, because she testified that she was aware of

GRPC 4.2 (a) and because the evidence showed that she was a

prosecutor for several years (and then an elected judge) and was

therefore familiar with the GRPC. The Hearing Panel also

determined that Judge Peterson acted with self-interest and ill will,

because she sought to exploit her specialized knowledge as a lawyer

“in surprise settlement negotiations with laypersons on an unlevel

playing field” to obtain the relief she wanted in her lawsuit. See

Coomer II, 316 Ga. at 866 (explaining that the concept of bad faith

“generally encompasses at least two general characteristics: that the

duty breached by the actor was known to that actor, and that the

actor was acting with some self-interest or ill will”). The Hearing

Panel also noted that Judge Peterson’s violation of Rule 1.1 was

“clear” and that her “feigned ignorance” and “attempts to avoid

47 responsibility” for the violation in her testimony “bordered on the

farcical, severely eroding her credibility with the Hearing Panel.”

This express finding of bad faith, which was based in significant part

on the Panel’s personal observation of Judge Peterson’s testimony

and the credibility determinations that flowed from it, is one to

which we “offer considerable deference.” Coomer II, 316 Ga. at 866.

See also Coomer I, 315 Ga. at 862 (explaining that “this Court is not

well positioned to resolve the factual questions of intent that are

crucial to determining whether discipline is constitutionally

permitted,” and that the Hearing Panel, which has the opportunity

to hear live testimony and observe the demeanor of witnesses, is best

suited to make such findings). And because the Hearing Panel’s

finding of bad faith is supported by the evidence presented at the

hearing, such that it is not clearly erroneous, we defer to that finding

here. We likewise conclude that Judge Peterson’s actions in

communicating with represented parties about the lawsuit she had

filed against them paint a picture of a judge who will bend the rules

when it serves her self-interest, such that we can discern that her

48 actions were taken in bad faith and that discipline is authorized

under Paragraph VII (a). See Coomer II, 316 Ga. at 872-873 (holding

that the conduct underlying a judge’s violations of CJC “Rule 1.1

and/or Rule 1.2 (A),” which was done outside the judge’s judicial

capacity, was prejudicial to the administration of justice and

brought the judicial office into disrepute, because the record

generally supported the Hearing Panel’s findings that the judge

undertook the conduct in bad faith).

(d) Handling of a Petition for Year’s Support (Counts 35 and 37

to 43)

(i) The Hearing Panel’s Findings Are Not Clearly Erroneous as

to Counts 35 and 37 to 43

With respect to Count 35 and Counts 37 to 43, the Hearing

Panel found the following facts pertaining to Judge Peterson’s

handling of a petition for year’s support in the spring and summer

of 2021. In early 2021, a petitioner filed the petition for year’s

support, seeking to obtain funds from her deceased husband’s

49 estate.22 The petition listed the petitioner’s daughter as an

interested party and provided her out-of-state address. Judge

Peterson’s chief clerk sent by certified mail, with restricted delivery,

a notice of the petition to the address that was provided for the

daughter; the notice set the deadline to submit a caveat to the

petition by May 3, 2021. On April 5, 2021, the signature card for the

certified delivery of the notice of the petition was returned to the

probate court with a signature from someone else—not the

daughter.23 Judge Peterson’s chief clerk then asked Judge Peterson

22 See OCGA §§ 53-3-1 (providing, in pertinent part, that a decedent’s

surviving spouse is “entitled to year’s support in the form of property for [her] support and maintenance for the period of 12 months from the date of the decedent’s death” and that the provision of year’s support generally is “to be preferred before all other debts or demands”) & 53-3-5 (a) (providing, in pertinent part, that “[u]pon the death of any individual leaving an estate solvent or insolvent, the surviving spouse . . . may file a petition for year’s support in the probate court having jurisdiction over the decedent’s estate”). See also Mary F. Radford, 1 Georgia Wills & Administration § 10:1 (Nov. 2023 update) (explaining that “‘year's support’” is “defined in the law as property that is set apart for the family’s support and maintenance for the period of 12 months from the date the decedent died” and is “based on the public policy of providing support for the family of a decedent before allowing the estate to be distributed to creditors or other distributees”).

23 The record shows that the signature card was signed by someone with

the same last name as the daughter, but with a different first name; no other evidence was presented about who signed the card.

50 to search LexisNexis to try to obtain an alternate address for the

daughter. Judge Peterson conducted the search and found the

daughter’s e-mail address. Judge Peterson’s chief clerk e-mailed a

second notice to the daughter, setting a new deadline to file a caveat

by July 10, 2021. The daughter eventually e-mailed her caveat to

the probate court clerk’s office.24 The chief clerk and the daughter

then spoke by phone, and the chief clerk asked about the status of

the original document and the filing fee, which were both required

for filing. The daughter said that she mailed the filing fee. The chief

clerk assumed that it was lost in the mail and ultimately took

payment from the daughter over the phone and filed the caveat on

July 14, 2021—four days after the July 10 deadline. None of the chief

clerk’s communications with the daughter included counsel for the

petitioner. The Hearing Panel found that although Judge Peterson’s

staff, including the chief clerk, knew that ex parte communications

with parties to a proceeding were prohibited, Judge Peterson

“clearly failed to conduct proper oversight” to ensure that the chief

24 The exact date of this filing is not clear from the record.

51 clerk was not participating in such communications.

The petitioner’s counsel filed a motion to strike the caveat as

untimely, and Judge Peterson denied it. Judge Peterson later

recused herself from the case, which was eventually transferred to

Douglas County Superior Court; that court struck the caveat as

untimely and granted the petition for year’s support about 15

months after it was first filed.

The record supports the findings summarized above, so we

conclude that they are not clearly erroneous. See Coomer II, 316 Ga.

at 860-861.

(ii) Judge Peterson Violated CJC Rules 1.1, 1.2 (A), 2.9 (A), 2.9

(B), and 2.9 (D)

We agree with the Hearing Panel that the Director proved by

clear and convincing evidence that Judge Peterson violated CJC

Rules 1.1 (Count 35), 1.2 (A) (Count 37), 2.9 (A) (Count 39), 2.9 (B)

(Count 40), and 2.9 (D) (Count 42) in connection with her handling

52 of the petition for year’s support.25

25 CJC Rule 2.9 (A) says,

Judges shall accord to every person who has a legal interest in a proceeding, or that person’s lawyer, the right to be heard according to law. Judges shall not initiate, permit, or consider ex parte communications, or consider other communications made to them outside the presence of the parties, or their lawyers, concerning a pending proceeding or impending matter, subject to the following exceptions. (1) Where circumstances require, ex parte communications are authorized for scheduling, administrative purposes, or emergencies that do not deal with substantive matters or issues on the merits, provided that: (a) the judge reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; and (b) the judge makes provision promptly to notify all other parties of the substance of the ex parte communication, and gives the parties an opportunity to respond. (2) Judges may obtain the advice of a disinterested expert on the law applicable to a proceeding before the court, if they give notice to the parties of the person consulted and the substance of the advice, and afford the parties reasonable opportunity to respond. (3) Judges may consult with court staff and court officials whose functions are to aid in carrying out adjudicative responsibilities, or with other judges, provided the judge makes reasonable efforts to avoid receiving factual information that is not part of the record, and does not abrogate the responsibility personally to decide the matter. (4) Judges may, with the consent of the parties, confer separately with the parties or their lawyers in an effort to mediate or settle pending proceedings. (5) Judges may initiate, permit, or consider ex parte communications when authorized by law to do so, such as when issuing temporary protective orders, arrest warrants, or search warrants, or when serving on therapeutic, problem-solving, or

53 We turn first to the alleged CJC Rule 2.9 violations. By

accepting and considering the daughter’s e-mailed caveat, of which

the petitioner and her counsel had no notice, Judge Peterson

“permit[ted]” and “consider[ed] ex parte communications” in

violation of CJC Rule 2.9 (A). And as the Hearing Panel noted in its

Report and Recommendation, none of the exceptions listed in CJC

Rule 2.9 (A) that might authorize ex parte communications applied

here. Compare Lue v. Eady, 297 Ga. 321, 323 (773 SE2d 679) (2015)

(explaining, in the context of examining the denial of a motion to

recuse, that former Canon 3 of the prior CJC, which contained

language similar to Rule 2.9 (A) (1), authorized ex parte

accountability courts, including drugs courts, mental health courts, and veterans’ courts. CJC Rule 2.9 (B) says, “If a judge inadvertently receives an unauthorized ex parte communication bearing upon the substance of a matter, the judge shall make provision promptly to notify the parties of the substance of the communication and provide the parties with a reasonable opportunity to respond.” CJC Rule 2.9 (D) says, “A judge shall make reasonable efforts, including providing appropriate supervision, to ensure that this Rule is not violated by court staff, court officials, and others subject to the judge’s direction and control.” As discussed further below in Division 2 (e), we do not decide whether the conduct alleged in Counts 38, 41, and 43 constituted violations of the CJC.

54 communications with respect to scheduling hearings). By failing

“promptly to notify” the petitioner’s counsel of the second notice of

the petition that was sent to the daughter by e-mail (with the

extended deadline for filing a caveat), Judge Peterson violated CJC

Rule 2.9 (B). And by failing to provide proper oversight to her own

chief clerk—who sent the daughter the second notice of the petition

and spoke to the daughter on the phone about the case, without

notifying the petitioner’s counsel of these communications—Judge

Peterson violated CJC Rule 2.9 (D) because she failed to “make

reasonable efforts, including providing appropriate supervision, to

ensure that [Rule 2.9] is not violated by court staff, court officials,

and others subject to the judge’s direction and control.” Accordingly,

Judge Peterson violated each of the provisions of CJC Rule 2.9 noted

above. See CJC Rule 2.9 Comment [11] (“Impending matters and

pending proceedings are only as good as the parties make them;

neutral and detached impartial judges should not be concerned

about augmenting cases.”); Inquiry Concerning Anderson, 304 Ga.

165, 166 (816 SE2d 676) (2018) (holding that a judge violated CJC

55 Rule 2.9 (A) when he communicated with parties to a lawsuit

individually, even if such communications were made “with good

intentions”). Cf. State v. Hargis, 294 Ga. 818, 823 n.11 (756 SE2d

529) (2014) (explaining that “trial judges ‘must scrupulously avoid

[improper] ex parte communications’”) (citation omitted).26

As to the other alleged rule violations pertaining to these

counts, the Hearing Panel concluded that Judge Peterson violated

CJC Rule 1.1 by failing to comply with Uniform Probate Court Rule

5.1, which generally prohibits judges from initiating or considering

ex parte communications with parties to a pending proceeding. The

Hearing Panel determined that Judge Peterson also violated CJC

Rule 1.2 (A), because permitting and sending communications to

only one of the interested parties in the case diminishes “public

confidence in the independence, integrity, and impartiality of the

judiciary” and weakens the public’s perception that the judge has

26 Judge Peterson argues in her Exceptions that the ex parte communications were permissible because they were made in an effort to perfect service. But her attempts to ensure that the daughter had notice of the proceedings, even if undertaken in good faith, do not excuse her failure to provide the same sort of notice to the petitioner. 56 afforded all of the parties the same right to be heard. We agree with

the Hearing Panel’s determinations in this regard.27

(iii) Judge Peterson’s Conduct Is Prejudicial to the

Administration of Justice, Such that Discipline is Authorized Under

Paragraph VII (a) of the Georgia Constitution

We agree with the Hearing Panel that Judge Peterson’s

“‘inappropriate [judicial] actions taken in good faith’” with respect to

her handling of the petition are prejudicial to the administration of

justice and bring the judicial office into disrepute. See Ga. Const.,

Art. VI, Sec. VII, Par. VII (a). “‘Conduct prejudicial to the

administration of justice’ refers to inappropriate actions taken in

good faith by the judge acting in her judicial capacity, but which may

27 We note, however, that in determining the appropriate sanction in this

case, we afford little weight to the Hearing Panel’s conclusion that Judge Peterson’s permitting and sending ex parte communications violated CJC Rule 1.2 (A), which covers a broad and wide-ranging category of conduct— “promot[ing] public confidence in the independence, integrity, and impartiality of the judiciary.” Generally speaking, when a specific rule governs a type of conduct, that specific rule should be the focus of a disciplinary action, rather than the CJC’s less specific, vaguer rules. Cf. Smallwood v. State, 310 Ga. 445, 452 (851 SE2d 595) (2020) (explaining, in the context of rejecting an appellant’s argument that he should have received a lesser criminal sentence under the rule of lenity, that “a specific statute will prevail over a general statute, absent any indication of a contrary legislative intent”). 57 appear to be unjudicial and harmful to the public’s esteem of the

judiciary.” Coomer I, 315 Ga. at 859 (citation and punctuation

omitted).28 Judge Peterson was acting in her judicial capacity in

handling the petition and in directing or supervising her staff. As

the Hearing Panel noted, even if Judge Peterson did not intend to

favor one party over another, engaging in ex parte communications

is inappropriate and “unjudicial.” We agree; engaging in or allowing

ex parte communications presents to the public an image of a judge

who covertly interacts with a party in order to unfairly advance that

party’s interests and jeopardizes the appearance of the

independence, integrity, and impartiality of the judiciary. Because

Judge Peterson’s inappropriate actions taken in her judicial

capacity, even if undertaken in good faith, appeared to be

“‘unjudicial and harmful to the public’s esteem of the judiciary,’”

Coomer I, 315 Ga. at 859 (citation omitted), her conduct is

28 As explained above in connection with the charges related to the HOA

meeting, “‘[p]rejudicial conduct may also refer to actions taken in bad faith by a judge acting outside her judicial capacity.’” Coomer I, 315 Ga. at 859 (citation omitted). 58 prejudicial to the administration of justice and discipline regarding

these counts is authorized under the Georgia Constitution. See Ga.

Const., Art. VI, Sec. VII, Par. VII (a).

(e) Other Alleged Violations Found by the Hearing Panel,

Which We Decline to Consider

In addition to the violations of the CJC that we determined

above that Judge Peterson committed and for which she may be

disciplined pursuant to Paragraph VII (a) of the Georgia

Constitution, the Hearing Panel concluded that the Director proved

by clear and convincing evidence eight other counts in the formal

charges (Counts 14-15, 19, 21, 38, 41, 43, and 50). We briefly discuss

below the Hearing Panel’s findings, which we determine are not

clearly erroneous, as to these counts. But ultimately, we need not

decide whether the Panel correctly determined that the conduct

underlying those counts constituted violations of the CJC or

sanctionable conduct under Paragraph VII (a), because the

affirmance of those counts is not necessary to reach the conclusion

that Judge Peterson’s removal from the bench is the appropriate

59 sanction in this case.29

As to Judge Peterson’s conduct at the HOA meeting, the

Hearing Panel concluded that Judge Peterson violated CJC Rules

1.2 (A) (Count 14) and 1.2 (B) (Count 15) when she “repeatedly cut

off homeowners as they attempted to speak; engaged in petty

quibbles with them; mocked them; and used cavalier, rude gestures

29 We also note that with respect to Judge Peterson’s conduct toward

county personnel as alleged in Counts 28 and 30 (discussed above), the Hearing Panel made additional findings that formed alternate bases for the violations of CJC Rules 1.2 (B) and 2.8 (B). Specifically, the Panel found that Judge Peterson sent an e-mail to the Chief Judge of the Douglas County Superior Court in which she questioned the Chief Judge’s authority and competency and said to the Chief Judge, among other things, “Please retire as this county has outgrown your spirit.” The Hearing Panel also determined that after Judge Peterson had several e-mail exchanges with an employee in the Douglas County Information Services Department about transferring probate court case files to a new case management system, Judge Peterson sent an e-mail to the employee and other county officials threatening to “move forward with legal action” if the data transfer was not facilitated. Although Judge Peterson argues in her Exceptions to the Report and Recommendation that the Hearing Panel’s findings in these respects are clearly erroneous, she does not argue that the Panel’s findings of misconduct do not constitute violations of CJC Rules 1.2 (B) and 2.8 (B). Although the Panel’s factual findings are not clearly erroneous, we question whether those findings support the conclusions that Judge Peterson violated Rules 1.2 (B) and 2.8 (B). But because we determined above that the Director proved Counts 28 and 30 by showing that Judge Peterson’s requesting sheriff’s deputies and activating the panic button violated CJC Rules 1.2 (B) and 2.8 (B), we need not address whether the Hearing Panel correctly concluded that Judge Peterson violated those same rules in the other ways that those counts alleged.

60 while communicating,” because those interactions fell short of the

high standards of conduct necessary to maintain the integrity of the

judiciary. And as to Judge Peterson’s handling of the petition for

year’s support, the Hearing Panel found that Judge Peterson

violated CJC Rule 2.9 (C) (Count 41), which prohibits judges from

“investigat[ing] facts in a pending proceeding,” by researching

alternative addresses for the daughter. The Panel also found that

Judge Peterson violated CJC Rule 2.5 (A) (Counts 38 and 43), which

says that “[j]udges shall perform judicial and administrative duties

competently, diligently, and without bias or prejudice,” because her

extension of the deadline to file a caveat and acceptance of the

untimely caveat created “an appearance of bias in favor” of the

daughter; her actions led to a 15-month delay in resolving the

petition, which was “anything but diligent”; and she incorrectly

transferred the case to the superior court and then failed to ensure

that the entire record was transmitted.

In addition, the Hearing Panel made findings as to a separate

incident, involving Judge Peterson’s conduct in allowing a party to

61 a wedding over which she was scheduled to preside to enter the

Douglas County Courthouse, while the courthouse was closed,

without ensuring that the party underwent security screening by

sheriff’s deputies, in contravention of an express directive from the

Division Commander for Court Services with the Douglas County

Sheriff’s Office not to allow the party inside (Counts 19 and 21). The

Hearing Panel ultimately concluded that Judge Peterson violated

CJC Rules 1.2 (B) (Count 19) and 2.5 (B) (Count 21), which says in

pertinent part that “[j]udges . . . shall cooperate with . . . court

officials in the administration of court business,” because she

violated the courthouse security protocol and the division

commander’s directive by allowing civilians to enter the courthouse

without required security screenings.

And finally, the Hearing Panel concluded that Judge Peterson

violated CJC Rule 2.4 (A), as alleged in Count 50 of the formal

charges, “by persistently and continuously failing to respect and

comply with the law and the [CJC] as alleged in Counts Sixteen

through Forty-Nine above, demonstrating systemic judicial

62 incompetence and a disregard for the law.” CJC Rule 2.4 (A) says,

“Judges shall be faithful to the law and maintain professional

competence in it. Judges shall not be swayed by partisan interests,

public clamor or intimidation, or fear of criticism.” The Hearing

Panel found in its Report and Recommendation that the Director

had proven this count by clear and convincing evidence “based on all

the findings of fact and conclusions of law above, as well as the

pervasive nature and expansive temporal scope of [Judge

Peterson’s] misconduct.”

The Hearing Panel’s factual findings with respect to Counts 14-

15, 19, 21, 38, 41, 43, and 50 generally are supported by the evidence

presented at the hearing, but we need not decide whether the

Hearing Panel correctly concluded that Judge Peterson’s conduct

violated Rules 1.2 (A) and (B), 2.5 (A) and (B), 2.9 (C), and 2.4 (A),

as alleged in those counts, or whether discipline is authorized under

Paragraph VII (a) for any or all of the conduct at issue, because the

affirmance of those counts is not necessary to reach our conclusion

that Judge Peterson’s removal from the bench is the appropriate

63 sanction in this case.30

3. Removal Is The Appropriate Sanction

We have determined above that Judge Peterson violated eight

provisions of the CJC, as charged in 12 counts: CJC Rule 1.1 (Count

13) in connection with her communications with represented parties

at the HOA meeting; Rules 1.2 (B) (Count 28) and 2.8 (B) (Count 30)

in connection with her conduct toward county personnel; Rules 1.1

(Count 31), 1.2 (A) (Count 32), 1.2 (B) (Count 33), and 2.2 (Count 34)

in connection with the criminal contempt matter; and Rules 1.1

30 We note, however, that with respect to certain types of charges, some

of us have concerns about how to determine whether and what conduct would rise to the level of a CJC violation such that discipline would be authorized under the Georgia Constitution. To that end: the more generalized the category of conduct, the more difficult it can be to discern whether the CJC provides sufficient notice to judges about what conduct may violate the provision. See, e.g., CJC Rules 1.2 (A) (requiring judges to “act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary”); 2.5 (B) (requiring judges to “cooperate with other judges and court officials in the administration of court business”); 2.8 (B) (requiring judges to be “patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom they deal in their official capacity”). We also note that Judge Peterson has not challenged the original public meaning of the constitutional term “habitual intemperance,” and that the Hearing Panel did not endeavor to construe that phrase before determining that certain of Judge Peterson’s conduct demonstrated habitual intemperance that would authorize discipline. But we need not resolve any of these questions today to complete our analysis of the claims before us in Judge Peterson’s case.

64 (Count 35), 1.2 (A) (Count 37), 2.9 (A) (Count 39), 2.9 (B) (Count 40),

and 2.9 (D) (Count 42) in connection with her handling of the

petition for year’s support.31 We have also determined that discipline

for Judge Peterson’s violations of these rules is constitutionally

permitted, because her actions constituted willful misconduct in

office or conduct prejudicial to the administration of justice which

brings the judicial office into disrepute. See Ga. Const., Art. VI, Sec.

VII, Par. VII (a).

The Hearing Panel noted in its Report and Recommendation

that the violations at issue here, when viewed individually, likely

would not warrant the sanction of removal from office. We agree. See

In the Matter of: Inquiry Concerning a Judge, 275 Ga. at 406-412

(determining that removal from office was the proper sanction and

noting that “[c]onsidered in isolation, none of [the judge’s] actions

31 As we noted above, we pretermitted whether Judge Peterson violated

six provisions of the CJC, as charged in eight additional counts: CJC Rules 1.2 (A) (Count 14) and 1.2 (B) (Count 15) in connection with her conduct at the HOA meeting; Rules 1.2 (B) (Count 19) and 2.5 (B) (Count 21) in connection with admitting the wedding party to the courthouse; Rules 2.9 (C) (Count 41) and 2.5 (A) (Counts 38 and 43) in connection with her handling of the petition for year’s support, and 2.4 (A) (Count 50) related to the allegation of systemic incompetence. 65 would warrant his removal from the bench” but that “[c]onsidered

as a whole, . . . [the judge’s] actions demonstrate[d] a troubling

pattern of ineptitude and misconduct”). But the Hearing Panel also

determined that Judge Peterson’s misconduct related to the

contempt matter was “troubl[ing]” and “discordant with one of the

judiciary’s primary purposes: to provide due process to all who come

into court, especially when one’s freedom is at stake,” and that her

pattern of misconduct related to the many other matters exhibits a

“persistent unwillingness to apply to herself the rules that apply to

everyone else.” In particular, the Hearing Panel’s findings (which we

have determined were not clearly erroneous) show that Judge

Peterson acted in bad faith in her judicial capacity by willfully

disregarding the petitioner’s basic due-process rights in the criminal

contempt proceeding, which portrays to the public an image of a

judge who believes she is above the law. And the Hearing Panel’s

findings that Judge Peterson acted in bad faith outside her judicial

capacity by knowingly communicating with represented parties at

the HOA meeting present a comparable image. See Coomer II, 316

66 Ga. at 865-866 (“[J]udges are not above the law and must respect

the law, because otherwise they cannot be trusted to apply the law

honestly and fairly.”); Fowler, 287 Ga. at 472 (“[W]e cannot expect

that members of the public will respect the law and remain confident

in our judiciary while judges who do not respect and follow the law

themselves remain on the bench.”); In the Matter of: Inquiry

Concerning a Judge, 265 Ga. at 852 (explaining that judges “are

entrusted with the duty to safeguard the fundamental rights of

others” and holding that when “it is established by clear and

convincing evidence that an individual is not competent to sit as a

judge because she has breached that sacred trust, the same great

authority that established those fundamental rights commands us

to protect the citizenry and the judicial system from harm, and

remove that individual”). The Hearing Panel’s findings similarly

establish that Judge Peterson acted in bad faith in her judicial

capacity toward county officials when she requested sheriff’s

deputies to be present after regular courthouse hours—including

overnight—and when she activated the panic button in her judicial

67 chambers. See id. at 852 (explaining that “[t]hose who are called

upon to live the life of a judge must act with dignity and respect

toward others”). And although Judge Peterson possibly acted in good

faith by permitting the ex parte communications with respect to the

petition for year’s support, her misconduct demonstrated a failure to

comprehend and follow the law, which in turn causes prejudice to

the administration of justice. As the Hearing Panel determined in

recommending her removal, Judge Peterson’s “misconduct has

already demonstrably eroded the public’s respect for the judicial

system.” And regardless of the extent to which the Hearing Panel

considered the mitigating evidence that Judge Peterson offered at

the hearing and emphasizes again before this Court, we conclude

that such evidence is not particularly persuasive, as the instances of

misconduct at issue here spanned nearly the entirety of Judge

Peterson’s judicial career.

Moreover, the Hearing Panel’s determinations supported a

conclusion that Judge Peterson was “disingenuous, if not outright

dishonest,” during the JQC proceedings, because she provided

68 untruthful or evasive testimony with respect to, among other things,

her conduct regarding the HOA meeting and the courthouse

wedding. The Hearing Panel noted in this respect that Judge

Peterson “falsely testified” that she made no recording of the events

that took place at the HOA meeting, pointing out that the video

recording of the meeting that was admitted into evidence at the

hearing showed that she held up her cell phone, indicating that she

had in fact recorded the meeting. It also noted that Judge Peterson’s

“attempts to avoid responsibility” for violations related to the HOA

meeting “severely erod[ed] her credibility with the Hearing Panel.”

The Hearing Panel also found that Judge Peterson falsely

testified that after the division commander told her not to take the

wedding party into the courthouse, the sheriff overrode that

directive and “granted her permission to enter the courthouse” to

perform the wedding ceremony, because the Hearing Panel “fully

credit[ed]” the sheriff’s testimony, which “flatly contradicted” those

assertions. In addition, the Hearing Panel expressly concluded in

other sections of its Report and Recommendation that Judge

69 Peterson lied during her testimony, including when she claimed that

she had not predetermined that the petitioner was guilty of criminal

contempt before she issued the notice of hearing on the petition,

when she stated that she was not aware of the purpose of the panic

button, and when she “feigned ignorance” about communicating

with represented parties at the HOA meeting. As we recently

explained in determining that another judge’s “disingenuous, if not

outright dishonest” testimony during the JQC proceedings informed

our decision to remove him,

a judge faced with an ethics investigation by the JQC has every right to defend himself. He can argue that his actions do not violate a particular statute or rule, including the Code of Judicial Conduct. He can disagree with JQC staff or the Hearing Panel as to appropriate sanctions. He can dispute the factual accuracy of the allegations against him. And judges must be free to do all of those things without fear that a sanction will be worse if they simply fail to prevail. But judges cannot be misleading during that process, any more than lawyers can be misleading during State Bar disciplinary processes.

Coomer II, 316 Ga. at 874. As in Coomer II, the Hearing Panel in

this case found multiple instances in which Judge Peterson

attempted to mislead the Panel by falsely testifying, indicating her 70 desire to conceal her misconduct. Because those findings are

supported by the evidence at the hearing, we consider them as an

aggravating favor in determining the proper sanction. See id. at 874-

875 & n.19.32

In conclusion, in light of her multiple violations of the CJC

rules in relation to several matters—some of them reflecting a

flagrant disregard for the law, court rules, and judicial conduct

rules; the pattern of violations that the Director proved by clear and

convincing evidence; the extremely concerning nature of some of

those violations, in particular with respect to the criminal contempt

matter; and her behavior during the JQC inquiry, we conclude that

removal is the appropriate sanction. See, e.g., Fowler, 287 Ga. at 472

(holding that removal from office was the appropriate sanction

32 As we recognized in Coomer II, “imposing discipline on a judge solely

based on the judge’s response to a JQC inquiry”—in other words, conduct during a JQC hearing—“without the JQC first filing formal charges against the judge alleging such conduct constituted a violation of the Code of Judicial Conduct, might raise due process concerns.” 316 Ga. at 874 n.19. But this case, like Coomer II, does not present that scenario, because we have already concluded that Judge Peterson violated several provisions of the CJC through her actions that took place before the JQC inquiry and we consider her actions during the JQC process as an aggravating factor only in determining the proper sanction. See id. 71 where the judge exhibited a “consistent pattern of misconduct” that

stemmed from “willful misconduct in office . . . and conduct

prejudicial to the administration of justice which brings the judicial

office into disrepute,” among other things) (cleaned up); In the

Matter of: Inquiry Concerning a Judge, 275 Ga. at 406-412

(determining that removal from office was the proper sanction for a

judge who, among other things, demonstrated a lack of competence

in the law, failed to safeguard basic constitutional rights of litigants,

and failed to respect and comply with the law with respect to

multiple matters of misconduct, and noting that “[c]onsidered in

isolation, none of [the judge’s] actions would warrant his removal

from the bench” but that “[c]onsidered as a whole, . . . [the judge’s]

actions demonstrate[d] a troubling pattern of ineptitude and

misconduct”); In the Matter of: Inquiry Concerning a Judge, 265 Ga.

at 850-852 (concluding that removal from office was the appropriate

discipline for a judge who violated multiple former canons of the

prior CJC, including in five instances disregarding defendants’

“basic and fundamental constitutional rights,” which “exhibit[ed] an

72 intolerable degree of judicial incompetence, and a failure to

comprehend and safeguard the very basis of our constitutional

structure”).

Accordingly, it is ordered that Judge Christina Peterson of the

Douglas County Probate Court be removed from office, effective

upon the date of this opinion. As a result, Judge Peterson “shall not

be eligible to be elected or appointed to any judicial office in this

state until seven years have elapsed” from the date of this opinion.

OCGA § 15-1-13 (a).

Removed from office. All the Justices concur, except Colvin, J., disqualified.

PETERSON, Presiding Justice, concurring.

I concur fully in the Court’s opinion today removing Judge

Christina Peterson from office. I write separately in response to

Commissioner Hyde’s thoughtful concurrence (joined by

Commissioners McBurney and Lopez) to the JQC Hearing Panel’s

Report and Recommendation. In his concurrence, Commissioner

73 Hyde writes that for some of the counts of lesser misconduct proven

by the JQC Director, he would have liked to have suggested a

suspension without pay, but he does not believe that to be a type of

judicial discipline authorized by the Georgia Constitution. I

appreciate this careful respect the Hearing Panel members show for

the constitutional limits on the authority of the JQC and this Court.

And I agree that the question is open to reasonable debate. But as I

explain below, I think that the best interpretation of relevant

provisions of the Georgia Constitution is that the constitutional

authority to discipline judges does include the authority to suspend

a judge without pay.

Article VI, Section VII, Paragraph VII (“Paragraph VII”) of the

Georgia Constitution explicitly provides three possible forms of

discipline of judges for various forms of misconduct — removal,

suspension, or other unspecified discipline. See Ga. Const. of 1983,

Art. VI, Sec. VII, Par. VII (a). An earlier paragraph in that same

section of Article VI, Section VII, Paragraph V (“Paragraph V”),

provides in part that “[a]n incumbent’s salary, allowance, or

74 supplement shall not be decreased during the incumbent’s term of

office.” Commissioner Hyde’s concurrence understands this

provision to prohibit suspension without pay. That’s a reasonable

reading. But based on the text, history, and context of these

provisions, I conclude that the Georgia Constitution permits a judge

to be suspended without pay once the judge has been afforded due

process.33 See Elliott v. State, 305 Ga. 179, 188 (II) (C) (824 SE2d

265) (2019) (“[A]ny decision about the scope of a provision of the

Georgia Constitution must be rooted in the language, history, and

context of that provision.” (citation and punctuation omitted)).

Examining the text of the relevant provisions, there is nothing

about the term “suspension” that itself suggests continuing receipt

of pay. As Commissioner Hyde notes, a suspension with pay

33 This kind of suspension-as-discipline is imposed only by consent or at

the end of the full JQC disciplinary process and after a determination by this Court that the judge violated the Code of Judicial Conduct and that discipline is appropriate. That is different from the interim suspension that JQC Rule 15 permits upon indictment, see JQC Rule 15 (A) (suspension with pay), conviction, see JQC Rule 15 (B) (suspension without pay), or a determination that a judge poses a substantial threat of serious harm to the public or to the administration of justice, see JQC Rule 15 (C) (suspension with pay or transfer to inactive status with pay). 75 amounts to little discipline at all, such that this key term in

Paragraph VII would be robbed of significant meaning if that were

all that “suspension” meant. This is especially so when imposed after

providing due process and concluding that a violation of the Code of

Judicial Conduct in fact has been committed and the conduct is of

such character as to invoke this Court’s authority to discipline under

Paragraph VII. And the language of Paragraph V on its face —

forbidding decrease in an incumbent’s “salary” during a term of

office — does not require us to impose this meaning on the term

“suspension” in Paragraph VII. “Salary” generally was defined

around the time of the ratification of the 1983 Georgia Constitution

as a fixed rate of pay for services when they are rendered. See

Webster’s New World Dictionary of the American Language (2d

college ed. 1980) 1255 (defining “salary” as “a fixed payment at

regular intervals for services, esp. when clerical or professional”

(emphasis supplied)). Not paying a person while that person is

legally prohibited from rendering services for some period of time

does not decrease that person’s “salary” within the ordinary

76 meaning of that word.

This understanding of the meaning of the term “suspension” is

consistent with the context in which the people ratified the

constitution containing the current version of Paragraph VII.

Paragraph VII (a) was ratified in its current form in 1983. See

Inquiry Concerning Judge Coomer, 315 Ga. 841, 858-859 (6) nn.11-

12 (885 SE2d 738) (2023). Paragraph V also entered the Georgia

Constitution with the 1983 overhaul. See Ga. L. 1981

(Extraordinary Session), pp. 143, 182; Ga. L. 1983, p. 2070. The 1976

Constitution contained neither the provision for suspension as a

form of judicial discipline nor the language forbidding a decrease in

a judge’s salary. See Ga. Const. 1976, Art. VI, Sec. XII; Art. VI, Sec.

XIII. In determining the meaning of a constitutional provision as

understood by the people when they ratified it, “it is the

understanding of the text by reasonable people familiar with its

legal context that is important[.]” Elliott, 305 Ga. at 207 (III) (C) (ii)

(citation and punctuation omitted). Just a few years before the

ratification of the current version of Paragraph VII, we suspended a

77 judge without pay as a means of judicial discipline. See In re Judge

Broome, 245 Ga. 227, 229 (264 SE2d 656) (1980). Although I have

found one instance prior to the voters’ approval of the 1983

Constitution34 where this Court imposed a suspension as a form of

judicial discipline without specifying whether the suspension was

with or without pay, see In the Matter of: Inquiry Concerning a

Judge No. 469, 249 Ga. 425, 427 (292 SE2d 59) (1982), I have not

found any reported case prior to the ratification of the 1983

Constitution in which this Court made clear that it was suspending

a judge with pay.35 This supports a conclusion that when the people

approved the current form of Paragraph VII, they understood the

term “suspension” as contained therein to mean suspension without

pay.

This conclusion about the meaning of the term “suspension”

34 The people voted to approve the new Constitution on November 2,

1982. See Bldg. Auth. of Fulton County v. State of Ga., 253 Ga. 242, 245 (3) (321 SE2d 97) (1984). 35 In 1978, in lieu of removal, we ordered that a Senior Judge of the

superior courts be “prohibited and restricted from presiding as judge of the superior courts in any judicial proceeding whatsoever at any time after this date.” In re Judge Dunahoo, 240 Ga. 617, 618 (242 SE2d 116) (1978).

78 also is consistent with our handling of judicial discipline matters

under the 1983 Constitution. We have suspended judges without

pay numerous times in the years since the ratification of that

Constitution.36 See Inquiry Concerning Judge Gundy, 314 Ga. 430,

434 (877 SE2d 612) (2022); Inquiry Concerning Judge Hays, 313 Ga.

148, 150 (868 SE2d 792) (2022); In the Matter of: Inquiry Concerning

a Judge No. 93-154, 263 Ga. 883, 884 (440 SE2d 169) (1994); In the

Matter of: Inquiry Concerning a Judge Nos. 1546, 1564, 1666, 262

Ga. 252, 253 (417 SE2d 129) (1992); In the Matter of: Inquiry

Concerning a Judge No. 1228, 259 Ga. 146, 147 (378 SE2d 115)

(1989); In the Matter of: Inquiry Concerning a Judge No. 1036, 257

Ga. 481, 481 (361 SE2d 158) (1987); In the Matter of: Inquiry

Concerning a Judge No. 1035, 257 Ga. 479, 480 (361 SE2d 157)

(1987); In the Matter of: Inquiry Concerning a Judge No. 693, 253

Ga. 485, 486 (321 SE2d 743) (1984); In the Matter of: Inquiry

36 Of course, the fact that we have done so does not mean that we were

right to do so. At least Gundy and Hays were suspended by consent. But while a judge may consent to waive procedural rights, a judge cannot by agreement confer on this Court power that it does not already possess. 79 Concerning a Judge No. 481, 251 Ga. 524, 525 (307 SE2d 505)

(1983); In the Matter of: Inquiry Concerning a Judge No. 506, 250

Ga. 764 (300 SE2d 808) (1983). Although we did not do so with any

fulsome analysis of whether such a sanction was consistent with

Paragraph V, that may simply reflect a consistent understanding

that a suspension without pay is constitutionally permissible.37

Another provision in Paragraph VII, addressing discipline for

judges who are the subject of criminal proceedings, bolsters this

conclusion. See Ga. Const., Art VI, Sec. VII, Par. VII (b) (1). This

provision requires in certain cases the suspension of a judge who is

indicted for a felony in state or federal court pending final

disposition of the case or expiration of the judge’s term of office. See

id. This provision explicitly provides for that suspension to be with

37 Indeed, we have treated “suspension” as a serious sanction, bolstering

the idea that we understand suspension to be unpaid, something very different from a paid vacation. See Inquiry Concerning Judge Crawford, 310 Ga. 403, 408 (851 SE2d 572) (2020) (Blackwell, J., concurring) (describing censure, public reprimand, and limitations on the performance of judicial duties as “lesser sanctions” than the removal and suspension sanctions expressly authorized by the Constitution and concluding that they “fit comfortably within the constitutional authorization for judges to be ‘otherwise disciplined’ for judicial misconduct” (emphasis in original)), concurrence cited favorably in Kinslow v. State, 311 Ga. 768, 774 (860 SE2d 444) (2021). 80 pay under some circumstances, and without pay in others,

depending on the amount of process offered: “While a judge is

suspended under this subparagraph and until initial conviction by

the trial court, the judge shall continue to receive the compensation

from his office. After initial conviction by the trial court, the judge

shall not be entitled to receive the compensation from his office.” Id.

This suspension without pay is not equivalent to removal, as the

subparagraph provides that if the judge’s conviction is overturned

as a result of a direct appeal or application for a writ of certiorari,

the judge shall be reinstated immediately, at which point the judge

will be entitled to any withheld compensation. See id.

Of course, the Georgia Constitution provides that “[n]o action

shall be taken against a judge except after hearing and in

accordance with due process of law.” Ga. Const., Art. VI, Sec. VII,

Par. VIII. “Based on this provision, this Court has said the JQC’s

authority to enforce the Code is not unlimited, inasmuch as the

Constitution requires the Commission to afford due process to

judges and provides for this Court to review the imposition of

81 discipline.” Inquiry Concerning Judge Coomer, 315 Ga. at 849 (4) (a)

(citation and punctuation omitted). “Federal due process

requirements also apply” to the discipline of Georgia judges. Id. at

849 (4) (a) n.3. Therefore, this Court cannot suspend judges without

pay on an interim basis, before disciplinary proceedings have

afforded full due process. See id. at 844 (2) (noting that interim

suspension of judge was with pay per Paragraph V). But, although

this case does not require us to decide the question, my best reading

is that Paragraph V does not forbid the use of a suspension without

pay as a sanction for judicial misconduct once due process has been

provided.

I am authorized to state that Chief Justice Boggs joins in this

concurrence.

82 Decided June 25, 2024.

Judicial discipline.

Courtney M. Veal, Anna G. Cross, for Judicial Qualifications

Commission.

Akin & Tate, S. Lester Tate III; Elizabeth S. White, for

Peterson.