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Written by: E. George
Published October 22, 2024 @ 12:45 PM ET
CHATHAM COUNTY, Ga. – In Chatham County, Probate Judge Tom Bordeaux faces legal controversy after being charged with ten formal misconduct charges related to his handling of court cases. The Georgia Judicial Qualifications Commission (JQC) has accused him of “willful misconduct in office,” “a willful and persistent failure to perform the duties of office,” and “conduct prejudicial to the administration of justice,” highlighting systemic issues within his court.
Since taking office in January 2017, Judge Bordeaux has reportedly allowed multiple cases to stagnate, with some lingering for years without resolution. The JQC has noted that delays in these cases have ranged from 11 months to over seven years, which is particularly alarming for those seeking closure on critical legal matters. The specific complaints center around nine cases, some of which date back to 2016.
In the worst example cited, Bordeaux failed to rule on a case for more than seven years, prompting strong criticisms from attorneys and litigants alike. Attorney Mark Tate, who has previously filed a Writ of Mandamus against Bordeaux, expressed his frustration, stating, “It’s to force the court to do something that they are supposed to do under their oath when they took that oath.”
The formal charges against Bordeaux are based on allegations that he has repeatedly failed to fulfill the responsibilities mandated by the Georgia Code of Judicial Conduct. This code requires judges to “perform judicial and administrative duties competently, diligently, and without bias or prejudice” and “dispose of all judicial matters fairly, promptly, and efficiently.”
Court documents reveal that despite holding hearings and promising timely decisions, Bordeaux has often allowed months or even years to pass without any rulings. For instance, he took “four and a half years to respond to an executor’s request for discovery in a case over a will,” and a conservator has been left waiting for approval on an account settlement filed back in October 2020.
Judge Bordeaux has publicly acknowledged the challenges he faces, attributing his inability to manage the caseload effectively to “limited support staff” and a desire to ensure that cases are handled correctly rather than quickly. He stated, “I’m probably far too much of a stickler for trying to get it done right instead of trying to get it done quickly.”
Moreover, Bordeaux has indicated that the probate court was “a mess” when he took office, referencing the fallout from the prosecution of a former clerk accused of embezzling funds. He claimed that he has worked hard to rebuild the court’s reputation and operations, yet still finds himself overwhelmed. “We have more and more cases every year, and I’m simply not able, under these circumstances, to issue my rulings any more quickly than I have,” he explained.
The JQC has previously warned him about these issues, but the recent formal charges signal a more severe reckoning. As this situation unfolds, the potential for sanctions or penalties will be determined by the Georgia Supreme Court, which now holds jurisdiction over the misconduct case.
Bordeaux’s recent re-election with 69% of the vote demonstrates a degree of public support, yet the gravity of the allegations may overshadow his electoral success.
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