Judge responds to Bannister's claims in lawsuit

As of Thursday, May 3, 2012
© Copyright 2013 Gwinnett Daily Post

Carla Brown

LAWRENCEVILLE -- A Gwinnett State Court judge on Wednesday called claims about her work ethic made by the county's former Commission Chairman Charles Bannister in a federal lawsuit meritless.

Judge Carla Brown, who is married to Gwinnett County Sheriff Butch Conway, is not among the three county employees -- Conway and two deputies under his command -- being sued by the former head of Gwinnett's government.

But the 40-page suit, filed Monday in U.S. District Court in Atlanta, points to Bannister's probe of the judge's absences from the bench as fodder for Conway's aversion to the sheriff -- and part of Conway's motivation for arresting Bannister on DUI charges that were later dropped.

According to the suit, Bannister made inquiries into the workplace habits of Brown, who he suspected of abusing public funds by "rarely" showing up for her full-time judgeship; her absences forced magistrate judges to cover for her, the suit claims.

In response, Brown said court records detailing when judges sat in for her and the size of her case load over the years clearly disprove those claims.

"My judicial assistance use is in line with all other state court judges," said Brown. "The caseload numbers don't lie, and they're readily available."

Among other claims against Brown, Bannister's suit states that he requested records showing when the judge's access card was used to enter and exit Gwinnett's courthouse -- actions that not only infuriated the judge and Conway, but spurred the sheriff to change the access card system so that no records could be kept, the suit claims.

Brown said the access card system had been changed before she was appointed to the bench in 2003 by Gov. Sonny Perdue. Brown won an election for the seat in 2004 and wasn't opposed at the end of that four-year term in 2008, she said.

Constitutional rights protecting Bannister against illegal search and seizure during the DUI arrest, and granting him the right to voice opposition to Conway in past political arenas, were violated, entitling him to whatever damages a federal jury will deem fit, the suit claims.

Bannister's attorney, David Walbert, said he's hopeful the case will be tried some time next year. He said compensatory and punitive damages should be awarded to Bannister for millions of dollars.

The suit alleges Conway tried to "catch" Bannister and arrest him on "trumped-up" charges when he left Cafe Hot Wing, a Lilburn restaurant Bannister frequented for "conversation, food and an occasional beer" in June 2010.

The DUI arrest came months before Bannister suddenly resigned to avoid a perjury charge as a special grand jury was investigating controversial land deals conducted under his watch.

Throughout the ordeal, Conway denied that he and Bannister were political adversaries. He called the arrest and baseless charges more a product of poor judgment than animosity. This week the sheriff reiterated his apology to Bannister and his family.

More like this story

Ex-Gwinnett chairman sues sheriff over DUI arrest ( May 1, 2012 )
Bannister cleared of DUI charges ( July 1, 2010 )
Bannister threatened sheriff with $1.7 million suit ( December 12, 2011 )
Sheriff Conway defends actions in Bannister arrest ( June 29, 2010 )
Blood test exonerates Bannister, Sheriff calls DUI charges a 'mistake' ( July 1, 2010 )

jljustis 1 year ago

Bannister is in need of money. He doesn't have the "support kick" that he did as chairman; if you know what I mean.

BufordGuy 1 year ago

points to Bannister's probe of the judge's absences from the bench as fodder for Conway's aversion to his boss -- and part of Conway's motivation for arresting Bannister on DUI charges that were later dropped.

Bannister was not Conway's "boss", Conway is an elected, constitutional officer.

Karl 1 year ago

NewsReader 1 year ago

The the heck? The comings and goings of this judge was none of his business. What a narcissistic fool!

Cleanupguy 1 year ago

Judges love it when someone tries to drag one of their own into the mud. Smart move, Charles! Typical Bannister political attack.

roaads1 1 year ago

Butch has nothing to apologize for. People are arrested all the time in America and later found not guilty. This is just another Bannister "moment" for Gwinnett. He embarrassed us then and I guess feels the need to try to embarrass us one more time. Gwinnett is an awesome place to live, better since he resigned. Just wish he would stay out of the news.

HonestIngine 1 year ago

He is news, because we made him news.. He is a legend in his own mind....

Dubbin 1 year ago

How many poeple complaining about Bannister showed up at the last election and runoff when you had a chance to vote him out of office? We had a choice and most chose the course of no action. I don't know if his opponent would have done any better but I don't see how they could have done any worse.

mickey 1 year ago

Ah, Charlie continues to act like a spoiled child that didn't get his way. This is how he always acted and retaliated against us tax payers, you were all so blind.

teelee 1 year ago

Sheriff Conway and Judge Brown are two of the best public officials Gwinnett County has ever had. They may not be popular with Mr. Bannister who resigned to avoid perjury charges, but the people of Gwinnett County love them. They are good hard working people who have done a lot for the community including their work with animal rescues and the Relay For Life. They have made Gwinnett County a better place to live and work!

Cleanupguy 1 year ago

Always interesting to see people complaining about crooks in government. A mere 6% of those that could have participated (only 60% are even registered) turned out to elect Bannister, so given that just under 3% voted for his opponent, 97% have absolutely no right to gripe.

Goodoldboys 1 year ago

Who is watching over the jail with all Butch's deputys busy posting on here. You are crazy if you don't think these posts are a concerted effort to sway public opinion.

Chris13 1 year ago

And when they're putting up tents at his house for his animal shelter fundraisers, and when they're busy putting up his campaign re-election signs.... Hmmmm...that doesn't sound like "official" county business to me.

Cleanupguy 1 year ago

Nice try to the negative Nellies, but wrong to Goodoldboys and to Chris13, the Bannister Bunch filed ethics compliants on that were found to be baseless political ploys - being citizens and all they can do as they please on their own time. Bannister's ethics complaint history wasn't quite so positive - campaign contribution irregularities and such. The investigator told me that Bannister was the dirtiest he'd seen in his career.

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