North Georgia magistrate judge on ‘voluntary paid leave,’ chief judge mum on why
Published 8:00 am Friday, November 30, 2018
- Shana Vinyard
DALTON, Ga. — Whitfield County Magistrate Court Judge Shana Vinyard has been on “voluntary paid leave” since Oct. 3, collecting her taxpayer-funded yearly salary of $52,492.
Chief Magistrate Judge Haynes Townsend said it is unclear when she might return to the bench. Townsend said he has not had contact with Vinyard since she went on leave. Townsend wouldn’t comment on why Vinyard is on leave and said he couldn’t comment on any ongoing investigation, but said, “It is not through our office.”
Holders of judicial office in Georgia are overseen by the state’s Judicial Qualifications Commission (JQC). Through the commission’s website, anyone can file a complaint alleging judicial misconduct. While not speaking specifically about Vinyard, Townsend said all JQC investigations are confidential and closed to public records.
“If a judge is reported to the JQC — and anyone can do that — then the JQC investigates that,” Townsend said. “If there is something there, then the JQC submits their findings to the Georgia Supreme Court and they can take action.”
A spokeswoman for the JQC said Thursday afternoon the commission doesn’t comment on investigations unless charges have been filed. The commission’s website said “investigating allegations of misconduct can take weeks or even months to complete.”
“All of the judges in the state of Georgia have to stay within the canons of ethics,” Townsend said, referring to the Georgia Code of Judicial Conduct. “There are a number of things, and they don’t all deal with criminal things. But the canons of ethics are what we are all bound by.”
Conasauga Judicial Circuit (Whitfield and Murray counties) District Attorney Bert Poston and Special Agent in Charge Greg Ramey of the Georgia Bureau of Investigation’s Calhoun office said neither of their offices are involved with an investigation of Vinyard. Calls to Lookout Mountain Judicial Circuit District Attorney Herbert E. Franklin were not immediately returned on Thursday. The Lookout Mountain circuit covers Catoosa, Chattooga, Dade and Walker counties.
“There is not too much more than that I can say at this point,” Townsend said. “She is an elected official, and I don’t have the authority to put her on administrative leave. I am the senior elected official and I gave her the option to stay in her office or staying at home. She decided to stay at home. Under Georgia law, you can’t do anything to a judge’s salary while they are still officially a judge.”
Attempts to contact Vinyard through her Facebook page were unsuccessful, and the phone number on file when she ran for office was not operational. Calls to attorney Rick Brown, who has represented Vinyard in the past, were not immediately returned Thursday afternoon.
Whitfield County Administrator Mark Gibson said he was aware Vinyard was on paid leave but said the county has no control over elected court officials. Vinyard was elected to the court in 2016, filling the seat of Kaye Cope, who resigned after being arrested for DUI.
Magistrate Court is often referred to as “small claims court” and usually involves cases between two parties without attorneys in disputes under $15,000. Townsend said he and judges Gayle Gazaway and Chris Griffin have taken over the load of Vinyard’s court calendar.
“The rest of the judges are completing the work down here in the court,” Townsend said. “We are strained in our jobs. It does put more work on the other three. We may have to work a little longer, but that is what we get paid for.”