Habersham County Chief Magistrate Gerald Johnson has resigned. Johnson submitted his resignation letter to Gov. Brian Kemp on Wednesday. His resignation comes less than one week after a professional ethics panel recommended the Georgia Supreme Court remove him from office.
The supreme court suspended Johnson nearly 15 months ago following a domestic dispute at his home on October 18, 2021. During that incident, the judge got into an argument with his wife and broke her car windshield. He also repeatedly fired an AR-15 into his backyard in a residential neighborhood while drunk and briefly aimed the gun at a Habersham County Sheriff’s deputy.
Deputies did not arrest the judge, but Habersham County Sheriff Joey Terrell did report the incident to the Judicial Qualifications Commission (JQC). A JQC Hearing Panel conducted a hearing last November and, upon review of the case, recommended Johnson’s removal from office.
A remorseful resignation
Johnson, who is undergoing treatment for PTSD and an alcohol substance use disorder, offered his “sincere regrets and deepest sorrow” as he tendered his resignation. He told the governor that serving the citizens of Habersham County as judge has been the “greatest honor and privilege” of his life, second only to his approximately 25 years in law enforcement.
“With deepest remorse, I have accepted full responsibility for my bad choices,” he wrote. “I respectfully disagree with the alleged facts and circumstances as reported by the Judicial Qualifications Hearing Panel’s final report and recommendation. However, my belief does not change the fact that the public’s perception of my ability to be a judge has come into disrepute.”
Johnson said he has been “cooperative, forthright, and honest” while working on his recovery and stated it is “successful and continuing.”
“I feel that to continue with these lengthy judicial processes, such as the continued delays or an appeal, would not be in the interest of justice, fair to my wife and family, or serve the needs of the citizens of Habersham County or the State of Georgia,” Johnson wrote.
He concluded by asking Gov. Kemp to accept his resignation while he works on his continued recovery.
READ Judge Gerald Johnson’s resignation letter
“Preferential treatment”
Judge Johnson served as Habersham’s chief magistrate for seven years. Before that, he worked for the Habersham County Sheriff’s Office.
In its 14-page report, the JQC Hearing Panel zeroed in on Johnson’s past affiliation and relationship with the sheriff’s office. The panel said that, in addition to violating the Judicial Code of Conduct, the judge violated multiple laws. They concluded he received “preferential treatment” by not being arrested.
“The gravity of Johnson’s conduct that entire day (and night), the manner in which he sought to avoid or minimize the repercussions flowing therefrom, and — though not directly attributable to him — the way in which his misconduct has since been seemingly ignored by the criminal justice system all combine to make it untenable to believe that Johnson could return to serve as a judge without harming the civic institution of the judiciary,” the panel wrote.
Habersham County Attorney Donnie Hunt says Johnson’s resignation is effective immediately. By law, the three sitting Mountain Judicial Circuit Court judges will appoint a successor to fill Johnson’s unexpired term.
“We anticipate a public notice of the vacancy, submission of resumes, and interviews of qualified candidates,” Hunt tells Now Habersham. No timeline has been announced for naming a successor.
Since Johnson resigned as opposed to being removed from office, it remains unclear whether he will be eligible to run again for reelection in 2024. Now Habersham reached out to Johnson for comment through his attorney Dennis Cathey but has not heard back from him.
______
This article has been updated with additional information on naming Johnson’s successor and comments from county attorney Donnie Hunt.
