449 S.E.2d 163 | Ga. Ct. App. | 1994
Sylvia Maddox, as next of kin and guardian of the property of the minor child, Chasity Rayon Heard, filed an action against L. Gwen Prescott, individually and in his capacity as Judge of the Probate Court of Troup County, Georgia, to recover $62,399.20 in attorney fees she allegedly paid an attorney to recover $450,000 wrongfully retained by an attorney (Gordon) for settling a wrongful death action on behalf of the minor child. Specifically, Ms. Maddox alleges that Judge Prescott entered an order entitled, “ORDER ON PETITION TO SETTLE AND COMPROMISE CLAIM,” approving settlement of the child’s wrongful death action and that Judge Prescott therein authorized Ms. Maddox’s execution of a “GENERAL RELEASE” which provides (in pertinent part) that “[attorney’s fees and expenses advanced will be paid to [attorney] Ken Gordon from the settlement proceeds pursuant to the agreement of the plaintiffs [in the wrongful death action], Ken Gordon and the Probate Court.” Ms. Maddox also alleges that Judge Prescott failed to approve payment of any such attorney fees and expenses of litigation and that “irrespective of the laws of the State of Georgia [imposing a duty upon the Probate Court to protect the assets of the child’s estate] Judge L. Gwen Prescott, did permit and allow [attorney Gordon] to appropriate to his own use and benefit, funds in the amount of $450,000.00 at the time of the initial settlement with there being no petition to allow said encroachment and no order permitting said encroachment, although it was well known to the said L. Gwen Prescott that the attor
Judge Prescott denied the material allegations of the complaint and asserted the defense of judicial immunity. The judge later filed a motion for summary judgment and his supporting affidavit. Ms. Maddox filed her affidavit which provides, in pertinent part, as follows: “I am the duly appointed guardian of Chasity Rayon Heard, and this action was filed in her behalf. ... I am a layperson, unskilled in court proceedings, and have no legal training whatsoever. ... At the proceedings in the Probate Court of Troup County, Georgia, L. Gwen Prescott held himself out to be a judge and skilled in law. The said L. Gwen Prescott held himself out to possess a superior knowledge of the law that I possessed. . . . L. Gwen Prescott, as Judge of the Probate Court of Troup County, Georgia, knew that Ken Gordon, my attorney at that time, would be paid from the proceeds to be received under the order of the compromise of the claim which he was to approve. . . . L. Gwen Prescott, to my knowledge, made no inquiry as to the payments to be made to Ken Gordon. ... I have reviewed the pleadings filed in this case, and they accurately reflect the copies of the papers obtained by my attorney from the Probate Court of Troup County, Georgia. . . . There does not exist a copy of any contract I entered into with Ken Gordon on behalf of Chasity Rayon Heard in the office of the Probate Court of Troup County, Georgia, or in the office of Beauchamp and Associates, my second attorneys, or in the office of H. J. Thomas, Jr., upon which L. Gwen Prescott, as Judge of the Probate Court of Troup County, Georgia, could have passed any order. ... At no time do I recall signing any papers to be presented to [for] Judge Prescott to authorize the payment of any fees to Mr. Gordon. I did sign papers to buy a car and a house for the benefit of
This appeal followed entry of summary judgment in favor o Judge Prescott. Held:
1. “Our courts have consistently held that judges are immuni from liability in civil actions for acts performed in their judicial capacity. Upshaw v. Oliver, 1 Dud. 241 (1832); Gault v. Wallis, 53 Ga 675 (1875); Calhoun v. Little, 106 Ga. 336 (32 SE 86) (1897); Peacod v. National Bank & Trust Co. of Columbus, Ga., 241 Ga. 280 (244 SE2d 816) (1978); West End Warehouses, Inc. v. Dunlap, 141 Ga App. 333 (233 SE2d 284) (1977).
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“ ‘(I)t is ultra-important in our democracy to preserve the doctrine of judicial immunity to enable our judges to exercise within their lawful jurisdiction untrammeled determination without apprehension of subsequent damage suits.’ Hill v. Bartlett, 126 Ga. App. 833, 840 (192 SE2d 427) (1972).
“The Supreme Court of the United States in discussing the rationale for judicial immunity has observed ‘(t)his immunity applies even when the judge is accused of acting maliciously and corruptly, and it “is not for the protection or benefit of a malicious or corrupt judge, but for the benefit of the public, whose interest it is that the judges should be at liberty to exercise their functions with independence and without fear of consequences.” ’ Pierson v. Ray, 386 U. S. 547, 554 (87 SC 1213, 18 LE2d 288) (1967).” Smith v. Hancock, 150 Ga. App. 80 (256 SE2d 627). In the case sub judice, all of the allegations asserted against Judge Prescott by Ms. Maddox were acts or omissions performed while he was acting within his authority and in his capacity as Judge of the Probate Court of Troup County, Georgia. Moreover, Ms. Maddox failed to submit any evidence supporting the claims in her complaint and affidavit. Evans v. City of Atlanta, 199 Ga. App. 878 (2) (406 SE2d 530). In fact, the “ORDER ON PETITION TO SETTLE AND COMPROMISE CLAIM” does not authorize an award of attorney fees to attorney Gordon and the “GENERAL RELEASE” provides only that “[a]ttorney fees and expenses advanced will be paid to Ken Gordon from the settlement proceeds pursuant to the agreement of the plaintiffs, Ken Gordon and the Probate Court.” Under these circumstances, the trial court did not err in granting Judge Prescott’s motion for summary judgment.
2. We decline to impose a penalty for frivolous appeal pursuant to Court of Appeals Rule 26 (b).
Judgment affirmed.