COVINGTON — Chief Superior Court Judge John Ott issued a tersely worded order Tuesday forbidding anyone from removing the Confederate statue on the Covington Square until the appropriate appeals court has ruled on its removal. Anyone who attempts to remove the statue will be subject to arrest.

In his order, Ott wrote that it had come to his attention that Newton County Commission Chairman Marcello Banes planned to remove the statue while the case is on appeal.

The removal was rumored to be planned for Tuesday night.

The Newton Board of Commissioners voted July 14 to remove the statue, which prompted Sons of Confederate Veterans, General George “Tig” Anderson Camp, and Georgia Division, Sons of Confederate Veterans and Tiffany Davis Humphries to file petitions to block its removal.

On Sept. 14 Ott dismissed the two petitions, and Sons of Confederate Veterans immediately filed an appeal with the Georgia Court of Appeals.

In his order Tuesday, Ott noted that the county had agreed during a July hearing not to remove the statue until the question of whether or not it can legally be moved had been appealed and resolved.

“To cement what the court has already ordered, the court hereby stays the parties in this case and absolutely forbids any further action on the removal of the Confederate monument,” Ott wrote Tuesday. “The sheriff of Newton County, who enforces the orders of the court, is obviously empowered to arrest anyone now attempting to remove the statue. The Newton County chairman of the Board of Commissioners is to be personally served with this order.”

Kyle King, the attorney representing the Sons of Confederate Veterans, said he was “pleasantly surprised” by Ott’s order Tuesday.

“The general feeling is that this (case) is the one that has had the most thorough hearing, the most thorough briefing and addresses the law most completely,” said King. “The hope is that this will be the one that gives the Court of Appeals, and if necessary the Supreme Court, what they need to be able to review all of this to determine what does the law prohibit, what does the law allow.”

 Judge Ott forbids removal of Confederate statue during appeals process | News | rockdalenewtoncitizen.com 

12/18/2022 Sharon Swanepoel Government, Government, Top News 0

MONROE, GA (Dec. 18, 2022) Gov. Brian P. Kemp announced Friday that he had nominated Walton County Associate Magistrate Judge Kevin G. Morris to replace Alcovy Judicial Circuit Superior Court Judge John Ott who is retiring at the end of the month. Morris is an attorney with the law firm of Williams, Morris and Waymire out of Buford and, like Ott, is a Monroe resident.

Morris was one of nine nominees that Kemp had to consider for the position after Ott announced his wish to retire. Superior Court judges have non-partisan elections and Ott was most recently re-elected without opposition in 2020 to serve until 2024. However, he announced his wish to retire in October and asked to be considered for senior judge status.

Nominees under consideration also included current Alcovy District Attorney Randy McGinley who also was elected in 2020 but McGinley declined to be included in the list of nominees, noting he would not seeking the judgeship.

“I love the job of District Attorney and I am committed to these great offices,” McGinley said at the time.

Morris will begin his nominated term on the Alcovy Judicial Circuit Superior Court bench on Jan. 1, 2023 and will then need to run for election to a full term in 2024.

G. Kevin Morris Bio: Morris currently serves as a Walton County Magistrate Court Judge. A native Georgian, he graduated from the University of Georgia in 1994. He then moved to Shizuoka, Japan, to teach English and business communications to Japanese executives. In 1999, Morris graduated from Mercer Law School and began handling complex litigation claims involving local governments. Previously, Morris served as the Deputy County Attorney for Butts and Henry Counties. Since joining his current firm, Williams, Morris, and Waymire, he has continued representing local governments in municipal liability claims. He has handled numerous appeals to the 11th Circuit and routinely appears before the Court for oral argument. As a Magistrate judge, he presides over civil and criminal matters and serves as the Technology Chair for the Council of Magistrate Court Judges. He also teaches classes to new Magistrate judges.

 Monroe resident appointed to replace Ott on bench in Alcovy Judicial Circuit Superior Court – Your Local News (monroelocal.org) 

COVINGTON, Ga. — Newton County Superior Court Judge John Ott says he will retire Dec. 31 and end a 41-year career working in some capacity in the Alcovy Judicial Circuit.

Ott also asked Gov. Brian Kemp to appoint him as a senior judge “so that I can continue to be of some service to the court system and people of Georgia.”

The Walton County resident also is the chief judge of the Alcovy Judicial Circuit, serving with four other Superior Court judges overseeing criminal and civil cases in Newton and Walton counties.

After earning his undergraduate degree from UGA in 1976, Ott received his law degree from the Walter F. George School of Law in 1981. 

Ott worked as an assistant district attorney in the Alcovy Circuit from 1981 to 1985. He was elected district attorney in November 1984 and served until 1990 when Gov. Joe Frank Harris appointed him to the Superior Court bench.

“For the past 41 years, I have had the privilege, honor and pleasure of serving the people of my circuit and the state of Georgia as an assistant district attorney and district attorney for nine years, and a Superior Court judge for 32 years,” Ott said in his letter notifying Kemp of his retirement.

“I have been supported by superior staff, great sheriffs, police chiefs, clerks of court and by county commissions that have always stood ready to meet any needs of the court system.

“I’ve also enjoyed the many fine lawyers that have practiced before me,” he said.

Superior Court judges are elected on a nonpartisan basis. Ott was most recently re-elected in 2020 without opposition and his current term was to end in December 2024.

District Attorney Randy McGinley, who is president of the Newton County Bar Association, said Ott “has faithfully served this circuit for over four decades.” 

“By any measure, he had an amazing legal career,” McGinley said. “He always ran a fair, efficient, and effective courtroom and his impact on those in both Newton and Walton counties will still be felt for years to come.

“As the president of the Newton County Bar Association, we all wish Judge Ott the best and look forward to still appearing in front of him as a senior judge,” McGinley said.

Superior Courts in Georgia have exclusive, constitutional authority over felonies, divorces, equity cases and matters regarding title to land.

According to the Georgia Constitution, the governor will appoint Ott’s successor to serve until the next election for the judgeship in 2024. 

Though not required, the governor likely will appoint someone from Walton County to replace Ott to maintain the traditional split of Superior Court judges from Newton and Walton counties in the Alcovy Circuit.

Traditionally, Newton residents filled a majority of the Superior Court judge seats based on the county having a majority of the population in the two-county judicial circuit. Currently, the circuit’s Superior Court judges include Walton residents Ott and Jeffrey Foster, and Newton residents Cheveda McCamy, Ken Wynne and Layla Zon.   

If appointed as a senior judge as expected, Ott may hear cases in any circuit at the request of a local judge, administrative judge or the governor, according to information from “The Legislator’s Guide to Georgia’s Courts.”

 Ott to retire from the Alcovy Judicial Circuit Court – Your Local News (monroelocal.org) 

 Published: Aug 9, 2023, 10:30 AM

Dear Editor,

On behalf of the State Bar of Georgia, I am writing to extend congratulations to Alcovy Judicial Circuit Senior Superior Court Judge John M. Ott on his appointment by Gov. Brian Kemp to serve on the statewide Prosecuting Attorneys Qualifications Commission Investigative Panel.

All Georgians will benefit from Judge Ott’s service on the newly established commission, which has the power to investigate and discipline district attorneys and solicitors general in specific instances. The investigative panel is responsible for investigating and prosecuting alleged conduct that constitutes grounds for discipline under state law.

By accepting this appointment, Judge Ott demonstrates his continued commitment to serving the public and the justice system. We wish him well in this new capacity of statewide leadership.

Sincerely,

J. Antonio “Tony” DelCampo

President, State Bar of Georgia

https://www.covnews.com/opinion/letters/letter-congratulations-judge-john-ott-state-appointment/

 Republican Georgia state Sen. Colton Moore on Tuesday told "War Room" host Steve Bannon that he plans to push the legislature to defund Fulton District Attorney Fani Willis' prosecution of former President Donald Trump and 18 co-defendants, arguing that Trump's prosecution threatens to ignite a "civil war." Moore complained that indicted fellow state Sen. Shawn Still is going to have to spend "a million dollars" to defend himself in the case. "It's just like Nazi Germany," Moore claimed. "I mean, they want to call us the Nazis and their actions are Nazism."

Moore's remarks came as Georgia GOP Senate leaders seek to find a way to punish Willis for bringing charges against Trump. "I told one senator... we've got to put our heads together and figure this out. We need to be taking action right now. Because if we don't, our constituencies are gonna be fighting it in the streets. Do you want a civil war? I don't want a civil war. I don't want to have to draw my rifle. I want to make this problem go away with my legislative means of doing so," Moore told Bannon. "And the first step to getting that done is defunding Fani Willis of any Georgia tax dollars and hopefully Rep. Jordan and Rep. Biggs will follow suit in Congress and strip her of her federal dollars, too. Because she is not upholding her oath to the Constitution."

 "I don't want to have to draw my rifle": Georgia GOPer warns of "civil war" if Trump is prosecuted | Salon.com 

Story by Ewan Palmer •1dFulton County District Attorney Fani Willis speaks during a news conference at the Fulton County Government building on August 14, 2023 in Atlanta, Georgia. A grand jury today handed up an indictment naming former President Donald Trump and his Republican allies over an alleged attempt to overturn the 2020 election results in the state.© Joe Raedle/Getty Images

Anumber of Republican figures are continuing to target Fulton County District Attorney Fani Willis after she indicted Donald Trump over his alleged criminal attempts to overturn the 2020 election results in Georgia.

Willis, who has denied any suggestions that her Georgia investigation is politically motivated, indicted Trump and 18 other people as part of her expansive RICO inquiry on August 14.

Soon after the indictment against Trump and others was filed, discussions were underway to have Willis removed from office or face investigations and impeachment hearings over allegations of a partisan probe against the former president and frontrunner in the 2024 GOP primary.

One such move Republicans have suggested is to take advantage of a law Georgia Governor Brian Kemp signed in May setting up a new commission that would have the power to remove local prosecutors who aren't able to fulfill their "constitutional and statutory duties."

In a statement at the time, Kemp's office said the establishment of the Prosecuting Attorneys Qualifications Commission (PAQC), which will start accepting complaints about prosecutors from October 1, will serve as a "valuable oversight mechanism" for district attorneys in the state.

Loaded: 51.22%PlayCurrent Time 0:03/Duration 1:22Quality SettingsCaptionsFullscreenNewsweekCould Fani Willis Be Removed From Office by Republicans? What We KnowUnmute0View on Watch

"As hardworking law enforcement officers routinely put their lives on the line to investigate, confront, and arrest criminal offenders, I won't stand idly by as they're met with resistance from rogue or incompetent prosecutors who refuse to uphold the law," Kemp said.

"The creation of the PAQC will help hold prosecutors driven by out-of-touch politics than commitment to their responsibilities accountable and make our communities safer."

Four Georgia district attorneys have filed a lawsuit asking a judge to strike down the law to remove local prosecutors, arguing it violates U.S. and state constitutions.

In an August 21 post on Facebook, Georgia state Senator Clint Dixon, a Republican, said he will be calling on the PAQC to investigate Willis over her alleged targeting of Trump and her apparent "unabashed goal to become some sort of leftist celebrity."

Newsweek reached out to Willis' office via email for comment.

"Once the Prosecutorial Oversight Committee is appointed in October, we can call on them to investigate and take action against Fani Willis and her efforts that weaponize the justice system against political opponents," Dixon wrote.

"This is our best measure, and I will be ready to call for that investigation."

Clark D. Cunningham, a professor of law at Georgia State University, said that he believes "100 percent" that Republicans will try to remove Willis from office on October 1 using the PAQC. However, it is unclear if the move will be successful, given the commissioner's power to remove a local prosecutor is new and never been tested.

"However, I should say that what's being proposed, it would be a pretty serious misuse of this law," Cunningham told MSNBC's Rachel Maddow. "I would hope that the new members of the commission would not themselves allow the commission to be used for political purposes."

Cunningham added that the PAQC is "perhaps the only way" that Trump allies can remove Willis from office, given that any attempt to impeach her would be guaranteed to fail as it would require significant Democratic support.

Republican state Senator Colton Moore has called for an emergency session of the state legislature to review the actions of Fulton County District Attorney, and previously called for Willis to be impeached for allegedly targeting Trump with her investigation.

"We must defund her office... and if appropriate... IMPEACH," Moore posted in X, formerly Twitter, on August 17.

There were also calls from GOP figures for the Republican-majority Georgia state legislature to essentially shut down Willis' criminal investigation after Trump and the co-defendants were indicted.

Alafair Burke, a professor of law at Hofstra University and former deputy district attorney in Portland, Oregon, previously told Newsweek that while getting the Georgia state legislature to shut down a criminal investigation is a "nutty" idea, there is a longshot chance Willis' case could be quashed once PAQC is implemented.

"A couple of years ago, I would have said that's a complete no-go. The legislature writes the criminal code, but the executive branch enforces it with oversight by the judiciary. Straightforward separation of powers," Burke said.

"But Georgia has joined what I think is a dangerous trend of enacting laws intended to empower them to oust prosecutors they disagree with, passing legislation recently to create a commission to discipline or even remove elected prosecutors from office.

"So in theory, yes, this newly created commission could remove Fani Willis from her position in hopes that whoever took her place would dump the case," he said. "I could be wrong, mind you, but I am not aware of any mechanism by which they could directly dismiss the case short of repealing every applicable criminal code provision retroactively."

Elsewhere, House Judiciary Chairman Jim Jordan announced an investigation into the motivation of Willis' inquiry, and alleged that she had coordinated with Special Counsel Jack Smith's office, the federal prosecutor who charged Trump with four offenses in the investigation into events which led up the January 6 attack.

"The timing of this prosecution reinforces concerns about your motivation," Jordan wrote in a letter to Willis. "You did not bring charges until two-and-a-half years later, at a time when the campaign for the Republican presidential nomination is in full swing.

"Moreover, you have requested that the trial in this matter begin on March 4, 2024, the day before Super Tuesday and eight days before the Georgia presidential primary," the Ohio congressman said.

It is unclear at this stage what actions Willis could face if Jordan's office proves those allegations. Willis has denied having any contact with Smith during her inquiry.

"I don't know what Jack Smith is doing, Jack Smith doesn't know what I'm doing. In all honesty, if Jack Smith was standing next to me, I'm not sure I would know who he was. My guess is he probably can't pronounce my name correctly," Willis said ahead of her office filing the charges against Trump and others.