Amid police probe, judge continued to hold court
by Kim Isaza
kisaza@mdjonline.com
February 18, 2010 01:00 AM | 4042 views | 136 136 comments | 108 108 recommendations | email to a friend | print
WEST COBB - Part-time municipal Judge Diane Busch sat on the bench at least 12 times in Woodstock and Marietta in the weeks after Cobb Police busted 10 teenagers for drinking alcohol at her home on Dec. 22 - even after she learned that police were still trying to figure out how the teenagers got the alcohol, and after she had retained a defense lawyer.

Busch did not alert elected officials in either city that she was being investigated by the police.

Marietta Mayor Steve Tumlin said he learned about it in Saturday's Journal. Woodstock officials said they were tipped off by an anonymous letter.

A special prosecutor is scheduled to meet with Cobb Police investigators at 3 p.m. today to determine whether Busch or any other adult will face charges relating to the underage drinkers.

It is unclear when prosecutor Lalaine Briones will make a decision on whether to file any charges. Cobb Police Chief G.B. Hatfield said Wednesday that Briones does not yet have the police investigative file, which could take time to review. Police Capt. D. Bolenbaugh, Sgt. C. Dong, and Detective P. Sullivan will meet with Briones.

In Woodstock, where Busch is the chief judge, she presided over the court 11 times - seven in January and four in February, including last week - since Cobb Police cited 10 Walker High School students for possession of alcohol at her home on Dec. 22.

Woodstock's municipal court is usually in session twice each week, and the judge is paid $350 per session - a total of $700 per week - for ruling on traffic offenses, DUI cases, ordinance violations and other municipal court matters. The judge is appointed by Woodstock's mayor and City Council.

Busch is not presiding this week.

"She made a decision that it would be best for the court if she allowed someone else to fill in for her until the matter is resolved," Vic Reynolds, Busch's defense lawyer, said Tuesday.

Reynolds insists his client did not give alcohol to anyone underage nor permit underage drinking on her property. However, according to the police report, when Busch came downstairs to talk to the officers, she appeared to be intoxicated and "said something to the effect 'I would rather have the kids drinking at my house than out driving around,' and 'I gave the kids the alcohol.'"

Busch also presided over Marietta's municipal court while the investigation continued. She spent the morning of Jan. 27 hearing appeals of red-light camera violations, according to the court clerk. She was appointed in 1998, and is one of Marietta's nine associate justices able to fill in when Judge Roger Rozen is unavailable. As in Woodstock, the mayor and City Council appoint Marietta's municipal judges. The job pays $150 per session, and there can be up to two sessions in a day.

Mayor Tumlin said Busch was among those reappointed as associate judges last month "based upon her excellent reputation as an attorney and especially her expertise in municipal court matters."

And he did not fault Busch for not informing him of the police investigation.

"I imagine she thought it was going to work itself out," he said. "People are innocent until proven guilty."

But if he were in Busch's position?

"I would have called to alert my boss," Tumlin said.
Comments
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Tip of the Iceberg
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February 23, 2010
Reading the new revelations, it appears that this lack of transparency was not a one time incident. Ms. Busch has time after time used her position and connections to evade justice and our legal system. Well, unfortunately, her actions have reached enraged taxpayers and voters and we won't take "no" for an answer when we hold her and her cronies accountable!!
No more Excuses
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February 22, 2010
Agree with all the others that the circumstances surrounding this incident don't lend themselves to the types of excuses being offered up by some of these party goers. The fact of the matter is that all this took place inside this judge's house and she could have easily ended this all by being more responsible. Instead, she chose to drink herself to sleep and her friend Ms. Middleton certainly didn't do much better. When neighbors feel compelled to fall the police, somebody should have realized that this party was out of hand. Unfortunately, Ms. Busch was in no such position to make this determination and for that she must take responsibility.

Also, I agree with the posters below. What type of message are we sending to our children when we try to make excuses for them and intimidate the law enforcement officials in order to escape the consequences? This judge couldn't have been a worse role model for justice, much less our children.
Stop Blaming Others
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February 22, 2010
Cobbresident, your remarks miss the point entirely. This all happened inside this lady's house, first of all. Anything that happens inside your house involving minors will be your responsibility.

Second, Busch and Middleton were apparently drunk and Middleton even greeted the police officer with a beer in her hand! Hello?? Is this responsible behavior? If Ms. Middleton was apparently not asleep and wandering around the house, then why did she allow this ridiculous behavior? Maybe she was drunk? Maybe she doesn't think much of breaking the law? It really doesn't take a rocket scientist to see that something is not right.

Ditto the police intimidation part. Then add in the lack of transparency and Ms. Busch continuing to hear court cases. Add in these teens proclaiming they will continue to break the law because they don't like it. What do you get?? Enraged citizens and taxpayers that expect better from their public officials.
No Bull Please
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February 22, 2010
To the poster below, duh, Ms. Busch was DRUNK. Obviously she had no idea of her legal responsibilities nor her abilities to determine what should or should not be allowed to go on in her house.

And what type of values do you think she's instilling in our children when she intimidates the police officers in front of kids that just broke the law? Responsibility?? I think not...
cobbresident
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February 19, 2010
To Walker Parent, Walker mom, Off We Go, Former Walker parent, and others-

For you uninformed bloggers to comment on this article as if you have done a thorough investigation and know everything about the situation, you should be embarassed. Instead of blaming the supposed demise of Walker's reputation on a few parents, maybe you should learn another fact; Busch's teen and Middleton's teen who were present during this debacle were NOT cited. That's right- THEY WERE NOT CHARGED WITH UNDERAGE DRINKING. So, before you go and start pointing fingers and calling out bad parenting or ethics, maybe you should learn the real story. Busch and Middleton have obviously taught their kids the right thing to do- and that is apparent in the fact that, once again, neither Busch's nor Middleton's teens received a citation for underage drinking. If you honestly think that moving your child from Walker to a public school is the right choice- I am so sorry because you know very little about the education your child would have received at Walker, and it's too bad because they maybe could have taught you a thing or two. Multiple teens who were cited at the scene were uninvited guests in Busch's home. It seems as if the parents who had no idea their children were at Busch's house are the ones who are bad at parenting.

FYI: cited kids admitted they stole the alcohol from Busch's party; contrary to what most of you think, Busch did not provide alcohol nor consent to underage drinking. Middleton was at the party that late because she and two other attendees of hte party were helping to clean up. Those two attendees left shortly before Middleton went downstairs to get her kids to leave.

Open your eyes, everyone. Busch had been asleep for a total of about 30 minutes when this whole thing started. She had not been "passed out" for hours as some claim.

Before judging a case, try to know the facts next time.
bickus
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February 19, 2010
Sean Hannity? You must be joking. Sean's a hard core rapid republican. I'd be willing to bet he was on the guest list. Better call Al Franken instead... He's good enough, smart enough and dog gone it....people like him!
Hannity Rocks
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February 19, 2010
Marietta Citizen,

I'm sorry but i don't see why that poster airing his grievances on Sean Hannity's show would make him un-informed?
Marietta Citizen
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February 19, 2010
To "This is it"

Yes, you should call Sean Hannity! He will take care of all your problems. The sun will shine, the birds will sing, and all will be hunky dory in Cobb County! You have a point that these people may be irresponsible. I don't know. I was not there. I trust that the special prosecutor from the statewide Prosecuting Attorney's Council will do a thorough job investigating this. There is zero evidence to the contrary. In any case your Sean Hannity remark certainly does indicate that you are in fact ill informed and uneducated! I didn't go to Walker, yet this much is quite clear to me!

"This is it wrote on Friday, Feb 19 at 10:05 AM »

This is the last straw. I'm calling into Sean Hannity with these developments this afternoon. It's just outrageous that these people won't take responsibility for their actions, tried to hide a conflict of interest and then insult those have us that have moral values as uneducated, ill informed peasants without a degree from a so-so private school. I encourage others to do the same."
Everyday Mom
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February 19, 2010
I care too. I can't imagine why parents should be allowed to say that they aren't responsible for the conduct of their children INSIDE their house. I mean, had this happened in a downtown bar far away, I might understand. But this was IN HER house at 3 A.M. I don't know about y'all but I can tell y'all that this would not happen in my house and if it did, I would most certainly not be drunk and act in the manner that this lady did.
Fair is Fair
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February 19, 2010
Ms. Busch has made a career out of judging people. She should have no problems having herself judged under the same laws.
Kennesaw Voter
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February 19, 2010
No, buschco has it wrong. The people that were at fault in that case were fired because they were so unprofessional in their job. In this case, Judge Busch needs to be fired because she has demonstrated many times that she cannot maintain the trust of the public with her unprofessional conduct.
Busy Mom
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February 19, 2010
What is wrong with you people that don't think parents have any responsibility for their children. This is the problem with society today. Parents think of their children as beyond their responsibility. Last I checked underage drinking was illegal and contributing to the delinquency of a minor was illegal as well. I would think being drunk and unable to keep your children in line would qualify. Sorry, but at the end of the day, people are going to take responsibility for their conduct, whether or not their friends with connections like it.
Please leave Cobb
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February 19, 2010
I see some people here are very confused about Cobb . This is not some liberal "misbehave and avoid any consequences" county. Go to Clayton if that's what you want. But those of you attacking all the honest hardworking taxpayers that are furious their tax dollars are going to support such lack of transparency and uneven application of law need to rethink about whether you're living in a county that matches your values.

You say judge not and proceed to do the same thing. How do you know I've never volunteered (and I assure you I have)? And there is a big difference between judging a person's character and judging their performance on the job. It's clear to us voters that on the second count, she's been one massive failure. So save your church talk when you face your creator. Everyone else has it right. This is about ethics, responsibility and not being above the law. Plain and simple.
Nonsense posters
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February 19, 2010
To that poster that doesn't care, we really don't care that you don't care either. Just watch in November when you liberals and free spending, pro criminal sympathizers get thrown out on your bums and off the public payroll. Last I was aware, I didn't realize ethics or morals had shades of gray. That's the problem with you liberals, you have no sense of right or wrong. What the judge did was wrong, wrong and wrong. It's so simple. Go ahead, just try to vote us out of this county and watch where the chips land this November.
Due West Mom
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February 19, 2010
I care too. And I guarantee that more than 10% of my neighborhood cares too. - Jacki
Bushco
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February 19, 2010
How do you know it's unethnical, because it's written in the MDJ. What about the city officials in Kennesaw. They keep getting elected over and over and the Federal government proved their case against them! I guess racial discrimination means nothing to you.
90% Don't Care
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February 19, 2010
90% Don't care because we don't follow the same gang mentality that the other 10% do. We don't believe everything we read and we certainly aren't sheeples who think that just because it's written in the paper it's true. I can't believe you spoke about this on Sunday. Was it at your church circle? The place where we read about Jesus telling us "Judge not." How about you speak about the violence in our community that took away an exceptional young man or the homeless that have to live in their cars because so many people are out of work. Better yet, why don't you go up to MUST and work one day to see what really matters. You DO NOT know if this woman is guilty. You DO NOT know if she told her superiors. Tumlin isn't her direct boss. I wish I could vote you hypocrites out of my county! Small minds with nothing to do but follow the crowd and drink the koolaid. Are you going to apologize to this woman and her young children when you hear that she didn't do what is being said about her? No, you'll just find another reason to criticize her. I hope you are judged as harshly, but I'm guessing you are. I am certain you have a group of you that feel good about picking on people.
What a Joke
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February 19, 2010
After she's fired, Judge Busch can get a job on our school board as Ms. Cash's confidante. Looks like she'd fit right in.
This is it
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February 19, 2010
This is the last straw. I'm calling into Sean Hannity with these developments this afternoon. It's just outrageous that these people won't take responsibility for their actions, tried to hide a conflict of interest and then insult those have us that have moral values as uneducated, ill informed peasants without a degree from a so-so private school. I encourage others to do the same.
Message from Buschco
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February 19, 2010
Don't worry about this Cobb taxpayers. It's never in your interest or right to worry about unethical conduct of your public officials and it's certainly never in your interest to expect that we adhere to the stupid laws that the rest of you follow. Just drop it because no one cares anyway.
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