59 Ga. App. 695 | Ga. Ct. App. | 1939
Lead Opinion
(After stating the. foregoing facts.) Mr. Cobb filed no defense to the rule and introduced no evidence explaining or justifying his conduct. He pitched his defense entirely on his plea in bar and to the jurisdiction of Judge Woodrum to hear the contempt proceeding. The two questions to be decided are: (1) whether Judge Woodrum was qualified to hear the contempt case, and (2) whether the criticism of Judge Woodrum was contempt in view of his disqualification in the Cobb murder case, and in view of the illegality of his order restraining the sheriff of Screven County from carrying Mr. Cobb before Judge Hardeman in the bail proceeding.
2. Mr. Cobb’s contention is that Judge Woodrum was disqualified and without jurisdiction or legal authority to pass the order restraining the sheriff from carrying him before Judge Hardeman in the bail hearing, that his order was therefore not a judicial order, and that he had a right to say what he pleased about such order and the person who signed it so far as a contempt of court was involved. We agree with Mr. Cobb that the order passed by Judge Woodrum was illegal. Code, § 24-2617; Glover v. Morris, 122 Ga. 768 (50 S. E. 956); Norris v. Pollard, 75 Ga. 358. However, the fact that a judge issues an illegal order does not metamorphose his personality from that of a judge to that of an individual. He was purporting to be acting in his judicial capacity, and nothing would take from the act its official character but proof that his judicial authority was perverted wilfully and maliciously, and there is nothing to suggest such in the present record. It is too plain for argument that a judge of a court in this State is not to be subjected to abuse and opprobrium because he renders an improper or an illegal order. If there is any one thing in democratic society which must be presumed conclusively, until judicial determination to the contrary by a court of law of impeachment, it is the integrity of the courts. The structure of our government demands that freedom of speech be subordinated to the welfare of society in the respect for the integrity and sanctity of our courts. A judgeship is an institution and an ideal, and when a judge is accused of wrongdoing it is more than an attack upon an individual. It is
Judgment affirmed.
Concurrence Opinion
J., concurring specially. I concur in the judgment of affirmance, but I do not concur in or subscribe to all that is stated in the opinion of the majority of the court. Whether the conduct charged against the respondent in the citation for contempt constitutes under the law a contempt of court, for which the respondent could be punished as provided by law, is not presented for our determination. I do not commit myself one way or the other upon this. The respondent himself does not defend the charge on the ground.that his conduct did not constitute a contempt of court. He defends against the charge solely on the