County files petition concerning residency of Chief Magistrate Judge Rasbury

Gordon County Administrator, Jim Ledbetter, who also serves at county attorney, today released a statement concerning a legal residence issue of Gordon County Magistrate Judge Pat Rasbury.

“On August 15, 2018, the Director of the Gordon County Board of Elections received a document notifying her office that Chief Magistrate Judge James Patrick Rasbury had changed his residence address from Gordon County to Catoosa County in connection with his driver’s license renewal,” said Ledbetter. “Under Georgia law, a Chief Magistrate Judge must reside in the county where he holds office. The law outlines specific criteria to be applied to determine an individual’s legal residence.

“Because a change of legal residency to another county triggers a vacancy in the office of Chief Magistrate, the Director of the Board of Elections has asked the County Attorney to initiate a case in the Superior Court to determine whether Judge Rasbury remains qualified to serve as Chief Magistrate Judge,” continued Ledbetter. “On August 16, 2018, the County Attorney filed a Petition in the Superior Court asking the Court to review Judge Rasbury’s residency under the legal and factual criteria established by law and to determine whether he has vacated his office by a change of residence. After initiating these proceedings, the County Attorney has hired outside counsel, Womack, Gottlieb and Rodham, from Lafayette, Georgia to act as special counsel to independently investigate the allegations of the Petition.”

Ledbetter continued his statement by confirming that Rasbury’s residency was reviewed by the local Board of Elections prior to qualifying to run for office in 2016. “Of note, the question of Judge Rasbury’s residency was reviewed by the Board of Elections in a hearing on August 23, 2016 to determine if it should challenge his qualification to run for the Office of Chief Magistrate,” said Ledbetter. “After examining the facts, documentary evidence and applying statutory residence criteria, the Board of Elections found insufficient evidence to challenge his qualifications at that time. At the August 23rd hearing, Judge Rasbury’s residence address on his driver’s license, postal address, tax returns and other documents was Gordon County.

“In order to resolve this issue expediently for the sake of justice and orderly operation of the Magistrate Court, there will be a brief period of investigation followed by a public hearing before a Superior Court Judge from another county who will be appointed by the office of the Seventh Judicial District,” said Ledbetter.

While this matter is under review, Judge Rasbury is performing administrative functions for the county but not hearing cases in court. Under State law, all prior warrants and orders issued by Judge Rasbury remain valid.