Local News

October 17, 2012

Ex-Dalton judge to be reprimanded

A former Dalton Municipal Court judge has confirmed he is being reprimanded for a conflict of interest.

Attorney Jerry Moncus said the Georgia Supreme Court has ordered that he be reprimanded for representing someone whom he had sentenced while still serving as city judge.

“At some point, a Superior Court judge in open court has to administer a public reprimand. As far as when and where that takes place and who will do it, I still don’t know,” Moncus said. “We will accept it when it occurs. It’s a blemish, but it won’t stop me from practicing. And it’s certainly not going to stop me from challenging what I think are improper actions by private probation companies.”

Moncus was reprimanded for representing Hanss Lopez, whom he had sentenced to probation. Lopez was challenging whether changes made by the Dalton City Council to the court allowed the court to continue to supervise Lopez’s probation.

“I was representing him for free. I won’t be able to represent him any further. I’ll have to contact the court and see what we can do about finding someone to represent him and protect his rights,” Moncus said.

Moncus was fired as Municipal Court judge by the City Council in September 2010 after almost six years on the job, and then-court administrator David Hamil resigned under pressure. Council members said at the time that they fired Moncus because of a difference in philosophy. But when pressed, some council members said they had a concern about a possible conflict of interest between him and an agency hired by the court to collect forfeited bonds.

Moncus has said he believes he was fired because the court began to go after bonding companies that owed the court money.

The council replaced Moncus with another former city court judge, Jim Wilbanks. Wilbanks later, with the council’s approval, hired a private firm to oversee probation for the court.

Moncus has filed several challenges in Superior Court to the way the court handles probation.

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