Staying for RICO, not for Darlington
Motions were filed for Niedrach to be recused from the two cases, with the decisions handed down Friday.
A Cobb County senior judge has ruled on whether or not a Floyd County Superior Court judge should be recused from two cases involving local schools.
Senior Judge Adele Grubbs has ruled that Judge Jack Niedrach, along with all other judges and senior judges in Floyd County, are recused from presiding over a lawsuit involving 17 former Darlington students against the school.
Court documents from Friday also show Grubbs has denied a motion from Summerville-based attorney Albert Palmour, who requested Niedrach be recused from a case involving the theft of over $6 million from the Floyd County school system.
Grubbs heard both motions during two Thursday morning hearings and told attorneys she would not be making a decision that day.
Palmour argued the reason Niedrach should recuse himself from the Floyd County Schools RICO case was on the basis that his son Lee Niedrach is a partner at the law firm which handled the civil side of the RICO case. Assistant District Attorney Emily Johnson brought Lee Niedrach onto the witness stand where he testified to having no knowledge of or influence in the civil case.
The senior judge from Cobb County also heard from Attorney Darren Penn who is representing 17 former Darlington students who are suing the school.
The students claim that when school officials were alerted to the sexual exploitation of the students by former teacher Roger Stifflemire they concealed information and failed to notify authorities.
Penn made arguments that Niedrach could not try the case fairly seeing as he had two sons who attend Darlington as well as other ties to the school.
In a motion that was e-filed in Floyd County Superior Court on Friday Grubbs states, “There are no facts which demonstrate any actual prejudice in Judge Niedrach but this is a situation where a fair-minded person might reasonably question the impartiality of the judge.”
Grubbs also stated that all Floyd County judges and senior judges are recused from the case. An assignment of a new judge has been submitted to the Seventh Superior Court District of Georgia and the case will be assigned a judge at a later date.
Grubbs is also presiding locally over the lawsuit between Polk County and ETC of Georgia (Waste Industries) in Superior Court. A Temporary Injunction she ruled to allow is now on its way to the Court of Appeals as attorneys for Waste Industries seek a motion to stay her order.