Cobb judges recused from Busch case
by Kim Isaza
kisaza@mdjonline.com
March 09, 2010 12:12 AM | 1791 views | 15 15 comments | 18 18 recommendations | email to a friend | print
MARIETTA - Cobb's State Court judges on Monday recused themselves from hearing the case against Diane Busch, a Marietta attorney and part-time judge charged with furnishing alcohol to 10 teenagers at her home on Dec. 22.

The judges requested that the Administrative District judge assign a judge from outside the Cobb Judicial Circuit to preside over the case.

"The accused has been a part-time judge of the Municipal Court of the City of Marietta, which is a court within the Cobb Judicial Circuit," and has served as a substitute judge in State Court, according to the recusal order signed Monday by Toby Prodgers, chief judge of the State Court of Cobb County.

Busch, 47, was arrested Friday after she turned herself in at Cobb County Jail. After posting $3,500 bond, she was given a May 7 court date, although it is unclear whether the request for an outside judge will delay that.

Also on Monday, the city of Woodstock confirmed that Busch had resigned as that city's chief municipal judge after she was charged with 21 misdemeanor counts, including obstruction of justice, on Friday.

"While I am proud of my exemplary record as your judge over the past 7 years, it is clear I cannot be effectively focused on my duties while the matter in Cobb County is pending," Busch apparently wrote in a letter dated March 8 to Woodstock Mayor Donnie Henriques. The letter does not have a signature.

"Although a Cobb County resident, I have considered Woodstock my city since I took over as Solicitor in 1994. I couldn't have been more thrilled to have been appointed judge in 2003," the letter states. "I am very proud of our court and I hope you are as well."

Busch was also charged with obstruction of justice, for lying to a police officer on Dec. 22 regarding the whereabouts of one teenager, according to the warrant.

The case against Kathryn Middleton, 46, a real-estate agent and friend of Busch's who is facing the same charges minus obstruction, has not yet been assigned to a State Court judge, according to the clerk's office. Middleton is also scheduled to appear in court on May 7.

Ten teenagers were cited for underage drinking at Busch's home on Dec. 22. Six of those were under age 16, and their cases are being handled in juvenile court.

Of the four who were 17 or older, one has had his case dismissed after completing the diversion program for first-time offenders. The other three each have court hearings this month.
Comments
(15)
Comments-icon Post a Comment
Maretta
|
March 20, 2010
Cowards -- they knew they would be partial to Busch.
Thanks Judges!
|
March 11, 2010
Judge Prodgers should be commended for recusing the Cobb State Court Bench. He is one of the finest Judges and most decent people in our County, and recusal avoids the appearance of any impropriety. Charging Ms. Busch was the right thing to do. She is now entitled to all of the protections of our criminal justice system. A fair trial by jury is what our system provides for people charged with crimes. If a jury finds that she furnished alcohol to kids under 16, then she shoul dbe punished. No one is above the law. West Cobb Lawyer
East Cobb Mom/Lawyer
|
March 11, 2010
West Cobber: Why do you assume I'm referring to people who live in Marietta and West Cobb? I'm referring to the people who post here who see conspiracies even when there plainly aren't any (state judges recusing themselves to give Ms. Busch special treatment, for example) where ever those people live.

And, for the record, I've lived in Cobb County for over 17 years. I've worked on the Square. Tried cases with or against many of the lawyers you read about on this website. I remember the days of Bill Byrne, when we really DID have a crony network.

When the Solicitor General's office and the Cobb County State Court Judges recuse themselves, the system is working as it should. This protects the process from undue influence or bias and ensures the public (or at least the rational public) that there will be a fair result.
Louie Schwartz
|
March 10, 2010
Note for the Busch-Wiles-Middleton Fan Club. You need to come up with a more original way of dismissing public opinion, concerning this case. The "conspiracy theory" thing is worn out, a long time ago. Do yourself a favor, think original thoughts.
crazy conspiracy the
|
March 10, 2010
You of course are referring to the crazies who saw the initial cover up?

And then .... the case dismissal ... and the 150 hours of baseball?

Those crazy conspiracy theorists?

Or, is anyone who is having their intelligence offended just a crazy conspiracy theorist?
get real
|
March 10, 2010
The judges recused themselves for the same reason they ask you in court if you know the defendant when you have jury duty. Common Sense people!
huh? i read some.
|
March 09, 2010
she is a woodstock judge and cobb lawyer. why would they appoint Cobb judges where she has filled in before? People? come on!! lay off. shes been through a lot already because some teenagers ruined her reputation. Let it be. Let it be. Whisper words of wisdom. Let it be.
Biff Tannen
|
March 09, 2010
I hope the MDJ keeps the heat on Barry Morgan. He should be fired after this whole fiasco. This mess sums up his career as Solicitor General - a big joke.
Clarificationneeded
|
March 09, 2010
What the article omits is reference in Judge Prodger's order to the legal precedent which REQUIRES recusal. These judges are disqualified as a matter of law issued by the Ga. Supreme Court, so this was not a matter of choice. One fewer rant point for the paranoid posters.
West Cobber
|
March 09, 2010
"Paranoid Conspiracy Theorists", huh???? from the EastCobbMom/Attorney. Just because we are from West Cobb and the City of Marietta does NOT mean we are as you described. What is wrong with having an opinion after we've seen time and time again things like this to happen. Maybe you haven't lived in Cobb County very long like the rest of us and know personally of things that have happened. I think what has happened the public is NOT staying quiet any longer when they find out what is happening. We have some great Judges, attnorneys, etc. in Cobb County but a few of them seem to use their position to their personal benefit and THAT IS WRONG NO MATTER WHAT SIDE OF THE COUNTY YOU LIVE ON.
East Cobb Mom/Lawyer
|
March 09, 2010
She is NOT getting special treatment! The state court judges recused themselves to avoid the appearance of giving her special treatment. They all know her and have worked along side her. To be fair to the prosecution, they needed to step aside and have an outside judge with no ties to Ms. Busch hear the case.

If they hadn't done this all the paranoid conspiracy theorists who post here would have accused the state court judge that got assigned to her case of being another one of her cronies.

Thanks Wise Judges
|
March 09, 2010
Good for the Cobb County judges to recuse themselves so quickly and to save the taxpayers a bunch of time and money on defense briefs that pout that the assigned judge couldn't be neutral in this case. They appreciate the importance of the "appearance" of bias. It's just another way Cobb is a far cry from other metro-counties.
Saji
|
March 09, 2010
Hope it is not one of the judges from Walker County. From where I sit, that is where they usually come from. A certain judge for sticky matters when it protects their own and their children when they have crossed the line. Just my opinion.
West Cobber
|
March 09, 2010
Why does this Judge get special treatment....Why won't Cobb Judges handle this case? It just keeps on going, this would never to plain ole Joe, would it? Something just doesn't seem right.
Just wondering
|
March 09, 2010
Members of the Solicitor General Barry Morgan's staff attended the party .... he recused himself for that reason. So .... these other judges ... recusing themselves for ...... ?

Anyone else catch that one?
*All comments are subject to moderator approval before being made visible on the website. The use of profanity, obscene and vulgar language, hate speech, and racial slurs is strictly prohibited. Advertisements, promotions, spam, and links to outside websites will be rejected.