Georgia Choose Booted Out of Case: ‘Appearances of Impropriety Rising’ After Lawyer’s Arrest

A South Georgia attorney has managed to have his defense team stop a Bulloch County Superior Court judge from presiding over his client’s case.

Judge Michael T. Muldrew, who was fired from the case, will no longer preside in the felony murder case of William Marcus “Marc” Wilson in connection with the June 14, 2020 shooting of Haley Hutcheson.

Nor will the judge rule on whether Wilson’s Statesboro defense attorney, Francys Johnson of Davis Bozeman Johnson Law, was guilty of contempt.

Judge Michael Karpf (Photo: Savannah Morning News)

The Chief Justice of the Higher Regional Court, Michael Karpf, issued the suspension decision on Friday.

In the order, Karpf clarified that Muldrew had shown no actual bias or prejudice against the defendant or his attorney, but that several actions by the judge gave the appearance of such impartiality.

Contrary to Ogeechee Circuit District Attorney Daphne Totten’s argument that “only a systematic pattern of prejudicial behavior will support a motion for denial,” Karpf noted that depending on the circumstances, “a single instance of such behavior may suffice.”

“The problem for the court is the appearance of bias or prejudice against the defendant and/or his attorney,” the order of denial reads. “The court notes that Judge Michael T. Muldrew is barred from further consideration of this case.”

“Different Treatment”

The rejection is a score for Wilson’s defense, but not a direct hit.

In the order, Karpf noted that Wilson’s complaint about the length of time his bail review request had been pending did not support his motion to have Muldrew denied, and noted that a Mandamus case could have been filed.

The defense team arrives at the Bulloch County Courthouse for William Marcus Wilson on November 19, 2021 for the hearing of Georgia State criminal charges against William Wilson. (Photo courtesy)

However, Karpf sided with the defense attorney that other instances had created an appearance of bias, including Muldrew’s “unequal treatment of witnesses.”

For example, when a female prosecution witness became emotional during testimony, Muldrew withdrew the court and “allowed the witness to consult with her attorney to calm herself.” But when the defendant’s girlfriend also became emotional during her testimony, Muldrew denied her the same treatment.

“The judge’s consideration of the state witness stands in stark contrast to his attitude toward the defense witness,” Karpf wrote. “Although this may have been caused by the judge’s need to pause earlier to attend a funeral, the appearance of bias or bias towards the witness and the defendant is.”

Read the restraining order

‘Binder’

The denial order noted additional semblances of impartiality when Muldrew denied a Bulloch County deputy sheriff’s suggestion to move a bystander who had threatened the defendant and his attorney on social media before sitting directly behind them in the courtroom.

According to Karpf, Muldrew also “made a bad impression” by appearing biased or biased when dealing with defense attorney Johnson’s refusal to return a notebook he was mistakenly given during an evidence immunity hearing.

Mawuli Davis, founding partner of the Davis Bozeman law firm in Atlanta, Georgia.  courtesy photo Mawuli Davis, founding partner of Davis Bozeman law firm in Atlanta. (Photo courtesy)

An assistant judge was supposed to give prosecutors a notebook containing alleged email printouts of conversations from Johnson’s client during custody, but mistakenly gave it to the defense attorney. Prosecutors had not submitted the folder for investigation, meaning defense attorneys almost never found out about it. When Johnson again refused to return the notebook to Muldrew, wanting instead to hand the folder over to the clerk for security reasons, the judge ordered him to be detained and held in contempt of court without first conducting a contempt hearing.

Instead, Muldrew retired for lunch, but not before meeting alone in the rooms with Johnson’s co-counselors, Mawuli Davis and Martha Hall. This meeting “raised the possibility that the court could meet ex parte with the prosecutor’s office in a similar manner at another time,” Karpf said.

“The meeting in the chambers with defense counsel was a breach of the rule prohibiting ex-parte contact with a party,” the rejection order reads. “Moreover, the fact that the judge obtained opinions from attorneys unconnected to the case regarding the trial attorney’s performance would constitute an out-of-court communication indicating a bias against the trial attorney. This increases the appearance of impropriety.”

“Done Nothing Wrong”

The denial order highlights that while Muldrew did not rule against defense attorney in Johnson’s contempt finding, the judge’s refusal to allow Johnson to attend the latter part of Wilson’s immunity hearing appeared to be “depriving.” [the] defendant of his choice of counsel” while conveying “an appearance of personal animus towards the defense counsel”.

Karpf also took aim at Muldrew’s claim that he “didn’t do anything wrong” in his handling of the notebook at the heart of the rejection motion. The senior judge noted that Muldrew’s comment gave the semblance he expected, “offering an allegation of wrongdoing and a defense thereof.”

Bulloch County, Georgia, Courthouse. (Photo: Rhett Turner)

“A judge cannot actively participate in presenting evidence or arguments against a motion for denial without that defense itself becoming the basis for a denial,” Karpf said before shifting his focus to prosecutors.

Karpf noted that DA Totten’s decision to seek waivers of subpoenas for himself, chief assistant DA Barclay Black and Muldrew made it appear that the three were “allied”.

“Of course, the judge had no role in this filing, so no fault is attributed to him, but appearances remain,” Karp said.

The case will now be returned to Chief Justice of the Ogeechee Judicial Circuit F. Gates Peed for reassignment to another judge.