Judge gets suspension for shoving shackled defendant who cursed at him
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A judge in Crawford County, Georgia, will receive a 30-day unpaid suspension and a reprimand for pushing a cursing, shackled defendant into a wall after a court hearing.
Judge Cary Hays III, the chief magistrate of Crawford County, agreed to the punishment, according to the Georgia Supreme Court’s Feb. 1 decision.
The state supreme court said the sanction is “one of the most significant” that it has ever imposed, short of removal from office.
The incident happened in December 2020 after the defendant began cursing at Hays in response to the judge’s bond determination.
The cursing continued as the defendant was led out of the hearing.
“Judge Hays verbally engaged with the defendant and then followed him into a hallway, at which time Judge Hays exchanged a few more words with the defendant before grabbing him and pushing him against the wall,” the state supreme court said.
The defendant was handcuffed, his feet were shackled and he was accompanied by a law enforcement officer. He did not physically threaten the judge or anyone else.
The defendant was not physically injured.
The Georgia Supreme Court said Hays violated ethics rules requiring judges to respect and comply with the law; to conduct themselves in a way that promotes public confidence in the judiciary; and to be patient, dignified and courteous to litigants.
The state supreme court said Hays violated those ethics rules in a “particularly serious” way.
“It is a grave violation for a judge to use violence against any person appearing before him, except in self-defense or defense of others, which was not the situation here,” the state supreme court said. “The rule of law enables our society to resolve disputes without resort to force. When a judge uses force against someone appearing before him, that judge thus undermines the rule of law.”
The state supreme court said removal from office was not necessary, however. The incident was “momentary,” no actual injury was inflicted and Hays “forthrightly accepted full responsibility for this isolated, but serious, incident,” the Georgia Supreme Court said.
In addition, Hays is a well-respected member of the community, he has “served his country honorably as a member of the military,” and he has no disciplinary history, the court said.
Hays, 79, told WMAZ that he is looking forward to resuming his duties after his suspension.
“I’m sorry it happened,” he said. “I’m embarrassed by it.”
