03/28/2022
CBJ and partner Walt M. Britt were honored to be chosen by the Honorable Ronda Colvin Leary, Judge, Gwinnett State Court and the other judges of the Gwinnett State Court to represent their interests in pursuing a criminal contempt action against Solicitor-General Brian W. Whiteside.
Today the Solicitor-General finally had his day of reckoning and without qualification admitted in open court all allegations and statements set forth in the Petition for Attachment of Criminal Contempt and Amendment to Petition for Attachment of Criminal Contempt. Further, Senior Judge Wynne found as a matter of fact and law that he was “in willful criminal contempt for unilaterally cancelling the Criminal Arraignment Calendar on January 3, 2022, at 9:00 am in Courtroom 3E without the consent and approval of Judge Colvin Leary, which was done without authority of law and obstructed the justice and order of the proceedings before Judge Colvin Leary on January 3, 2022.” Finally, he was sanctioned “in accordance with OCGA § 15-7-4(a)(5) by a fine of $1,000.00 and imprisonment of three(3) days in the common jail of Gwinnett County. Provided, however, that the sanctions may be purged and suspended by the Solicitor-General apologizing in open court and in writing to Judge Colvin Leary and the other judges of the Gwinnett State Court[1] for his wrongful actions and that the Solicitor-General shall not cancel or continue any case or calendar without the approval of Judge Colvin Leary or any other judge of the Gwinnett State Court.” His oral pronouncements in court were self-serving and at one point disingenuous, but his written apology was clear “Please accept this letter to accept complete responsibility for the actions that I took to close the Solicitor-General’s Office and to cancel Gwinnett State Court for the month of January 2022, and specifically your Criminal Arraignment on January 3, 2022, as all my actions were improper, irresponsible, and not authorized by law. This apology is extended to not only you but the entire Gwinnett State Court bench as my actions obstructed the administration of justice and order not just your Division, but all the Gwinnett State Courts. I personally assure you that there will be no future acts that can be considered contemptuous, and I pledge respect and cooperation to all the courts, employees, and citizens.” Any attempts by him to walk back his unqualified admissions to Judge Wynne and apology are lacking in truth and candor. Every action he took, every instruction-direction to his staff, and every denial of his responsibility were done with no semblance of the authority of law.
Congratulations to Judge Colvin Leary and the other judges of the Gwinnett State Court for asserting their authority over this rogue elected official.
