Recommendation: don't notify defendants about judge-attorney relationship

More than 400 defendants represented by public defense attorney Kim Cornwell during her entire tenure at the Fayette County Public Defender’s Office may not be notified of a potential conflict brought on by her relationship with former Fayette County Superior Court Judge Paschal A. English Jr.

Brian Cavan, an independent attorney who investigated the relationship at the request of the Georgia Public Defender Standards Council, today recommended against notifying the defendants through a letter. He noted that several defendants have already filed appeals citing the alleged affair and also that inmates, particularly “jailhouse lawyers” were already aware of the allegations of an affair between Judge English and Mrs. Cornwell.

Cavan said he was unable to substantiate any sexual relationship had occurred between English and Cornwell beyond the one incident in which they were discovered in the middle of a sex act by a sheriff’s deputy in October 2008 in a parked car in a subdivision on the outskirts of Fayetteville. English tendered his resignation prior to officials' confirming the "parking" incident with Cornwell, but she didn't resign until a short time later, having initially been put on paid leave during the course of the investigation.

The public defender council took no formal action on Cavan's report and did not discuss the matter once Cavan's presentation concluded.

Cavan said the “incident” discovered by the deputy was the only substantiated evidence of any potential sexual relationship that might have occurred between the judge and defense attorney.

Of the 420-plus cases that Cavan reviewed, only six went to trial, resulting in one acquittal and three other defendants who got a sentence less than was recommended by the Fayette County District Attorney’s Office, Cavan said. All the other cases were either dismissed or ended with guilty pleas, which were “consistent with other cases being handled by both the public defender and private attorneys in the circuit," Cavan said.

Cavan said defendants represented by Cornwell could seek to file an appeal if they choose and perhaps attempt to get someone to testify under oath about what they know about the relationship, “but I don’t think they will tell you any more than what you are hearing today.”

Cavan’s investigation involved informal interviews with a variety of people all over the Griffin Judicial Circuit including assistant district attorneys, Cornwell’s co-workers in the Fayette Couty Public Defenders Office, judges and other attorneys, including some attorneys who were involved in cases involving a co-defendant represented by Cornwell.

Cavan also spoke to the gravely ill former Fayette County Chief Public Defender Joe Saia, who was able to talk about what he had done in the invesigation “and what he knew about the matter,” Cavan said. Saia passed away just before Christmas, having been hospitalized since the summer while on vacation in North Carolina.

The cases Cavan examined included those dating from the time Cornwell was allowed to represent clients on her own from May 2007, well before the October 2008 "parking" incident with English, and the susbequent cases she was in charge of prior to the incident.

roundabout
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Just ask them!

Wouldn't now be a better time to ask the public defender and the Judge than later?

If they lie about it and later are found guilty, then they could be charged with Lying under oath.

That is all they put Martha Stewart in jail for---lying.

We will have more and more crooks if we don't start jailing a few.

It seems anymore there is no one who could honestly throw the first stone!

tortugaocho
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The Georgia Bar will be the Last one

The Georgia Bar will be the Last one to throw stones at these miscreants. According to the Georgia Bar Website, Cornwell (http://www.gabar.org/public/directory/MemberSearchDetail.php?ID=NzA3NTE1), English (http://www.gabar.org/public/directory/MemberSearchDetail.php?ID=MjQ5MDAw) and Caldwell (http://www.gabar.org/public/directory/MemberSearchDetail.php?ID=MTAyNzUw) are all, still, members in good standing with absolutely no complaint or criticism against them as lawyers. Amazing.

Chris P. Bacon
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I wonder how many substantiated sexual trysts...

Gosh, only one documented sexual tryst between English and Cornwell.

I wonder exactly how many documented sexual trysts between your attorney and the judge are needed before you are deemed worthy enough to be told about this by letter?

One would think one potential conflict of interest was enough.

I guess it was somehow okay because both the judge and the public defender were married. They just weren't married to each other.

This whole situation could have been avoided had Wayne "soft on crime" Hannah's sheriff's department had done their job and arrested the adulterers for adultery and fornicating in public. The ethical rot could have been exposed early on. Sadly, Hannah's department exhibited the same smug disregard for ethical conduct as English and Cornwell.

crazy squirrel
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glad you called this out

i admit, i had a few chuckles over the sheer inaneness of this statement: "Cavan said he was unable to substantiate any sexual relationship had occurred between English and Cornwell beyond the one incident in which they were discovered in the middle of a sex act by a sheriff’s deputy in October 2008 in a parked car in a subdivision on the outskirts of Fayetteville."

ilockemup
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Bacon, you are correct

This is an embarrassment to the Sheriff's department first for doing nothing and second for letting the video tape tape over.

I wonder if I came up on the exact same situation and found two juveniles engaged in the same sex act. They'd expect me to take them in.

informedlawyer30290
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Bar Buddy Whitewashes Judge's Sexcapades

Bar Buddy Whitewashes Judge's Sexcapades to Public Defender Group--- this was really no shock. Mr. Cavan was a former bar president, buddies with English's buddy Mike Bowers (who was head of the Judge's appointment committee) and hired part-time the guy who investigates for the judge's disciplinary committee.

Huh? Confused enough? On top of that, the head of the Public Defender Group got English's spot on the court.

So why should we expect any different from the bar, who when notified of the local crooked lawyer stealing, waited nearly a year before taking any action, only so he could wrack up a few more thefts. Local crooked lawyer has yet to go to prison. Surprised?

Only sexual tryst? English's past, adulterous affairs were well known but, uh, apparently not to the "investigator".