Written by: E. George
Published December 9, 2023 at 10:30 AM ET
HENRY COUNTY, Ga. – Chief Judge Brian J. Amero of the Henry County Superior Court has found himself at the center of controversy after being arrested on a misdemeanor charge of simple battery. The accusation stems from an incident in which Amero allegedly forcefully grabbed a phone from a criminal defense attorney during a confrontation in his chambers.
The 57-year-old judge voluntarily turned himself in on Friday following the issuance of a warrant for his arrest. Amero’s attorney, S. Lester Tate III, informed The Atlanta Journal-Constitution that his client denies the allegations. Amero was subsequently released on a $500 bond.
Amero, who has served as a judge on the Henry County Superior Court since 2007, took action to quash the arrest warrant on Monday. In his request, he cited a widely followed rule in Georgia that discourages a judge from presiding over a matter involving another judge from the same judicial circuit.
Amero is requesting the appointment of a judge from outside the Flint Judicial Circuit to oversee the case and has also requested a court hearing before any potential issuance of a new warrant by the McDonough police.
According to case records, the alleged incident occurred on June 7 within Amero’s chambers. Attorney Suesan A. Miller, a founding partner of the McDonough criminal defense law firm Miller North & Brill PC, claimed that Amero’s actions were prompted by frustrations with records from the Georgia Division of Family and Children Services related to a criminal case involving one of her clients.
In her affidavit, Miller described Amero as “physically aggressive” and visibly angry during the confrontation. She expressed concern that Amero’s anger could negatively impact her client and emphasized the need for an external judge to oversee the case.
An assistant district attorney reportedly witnessed the altercation between Miller and Amero, providing additional support for the allegations outlined in the warrant. The warrant specifically states that Amero intentionally engaged in physical contact of an insulting or provoking nature by forcefully taking Miller’s cell phone. It describes Amero approaching Miller with an aggressive and threatening demeanor.
Miller reported the incident to McDonough police on Nov. 29, prompting her law firm to seek Amero’s recusal from a case the following day. Although Amero voluntarily recused himself, Miller’s firm is pursuing the matter, and the Georgia Judicial Qualifications Commission is conducting an investigation. Amero maintains his innocence, asserting that Miller’s accusations are false.
Tate, Amero’s attorney, questioned the timing of Miller’s report, suggesting that it might be an attempt to stall or delay proceedings. Despite the ongoing investigation, Judge Amero continues to preside over cases on the bench. Miller’s law firm has chosen not to comment on the matter at this time.