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SAVANNAH, Ga. (WTOC) - A judicial panel has unanimously recommended that Chatham County Probate Judge Thomas C. Bordeaux Jr. be removed from office after finding he failed to issue timely rulings in 16 cases, with some delays lasting more than seven years.
The Georgia Judicial Qualifications Commission Hearing Panel filed its 69-page report and recommendation today, December 23, concluding that Bordeaux violated judicial conduct rules by failing to dispose of matters “fairly, promptly, and efficiently.”
Bordeaux, who was elected in 2016 and re-elected in 2020 and 2024, admitted to violating judicial conduct rules but denied acting incompetently or without diligence. The panel found otherwise, determining he acted in bad faith by ignoring multiple warnings from the judicial commission.
See the full recommendation below:
Seven-year delay in estate case
The most egregious case involved the Estate of Joseph Barnes Jr., where Bordeaux took seven years and four months to rule after conducting hearings in May and July 2017. The judge finally issued an order in November 2024, only after formal charges were filed against him.
Attorney Richard Jennings, who represented petitioners in the Barnes case, sent multiple letters to Bordeaux over the years asking for a ruling. In one 2018 letter, Jennings noted that “over five and a half years have passed since Mr. Barnes’ passing and there continues to be no progress on resolution of his Estate.”
Bordeaux acknowledged his failure in the Barnes case, testifying, “I dropped the ball. I failed. And I wish I could tell you some better answer than that, but that’s the truth.”
Real harm to families
The panel found that delayed rulings caused substantial harm to families dealing with the loss of loved ones. In one case, heirs received insurance proceeds for hurricane damage but could not make repairs because the check could not be negotiated until an executor was appointed.
Nancy Bondurant, an heir in one case, testified about the emotional toll: “I feel like I wasn’t doing my job because my siblings were waiting on me, and they would ask and - you know, it was like, you just wait, and people don’t really understand that you’re just waiting. And you - I could do nothing.”
Another heir, Deborah Theall, said she felt “like I was too small of a problem” and that Bordeaux “just wasn’t interested in my case.”
Judge ignored warnings, made false promises
The judicial commission sent Bordeaux multiple warning letters starting in February 2024, but he continued to delay rulings. In some cases, he promised to rule by specific dates but failed to meet his own deadlines.
In the Estate of Charles Masterpolis case, Bordeaux committed to rule “within the next month” in March 2024, then promised again to prepare an order “within two weeks” in June 2024. He finally ruled in November 2024, more than eight months after his first promise.
The panel found that Bordeaux only ruled in some cases after formal charges were filed against him, demonstrating bad faith and conscious disregard of his duties.
Rejected excuses and proposed solutions
Bordeaux attributed his delays to understaffing, inadequate technology, space constraints, and a difficult working relationship with his chief clerk. However, the panel found these excuses unconvincing.
The court’s staff grew from nine employees when Bordeaux took office to 21 permanent employees by the time of the hearing. The court also received a new case management system, a staff attorney, and an associate judge to help with the workload.
Despite these resources, Bordeaux refused to use standard form orders approved by the Supreme Court, rejected help from his staff attorney, and insisted on writing all orders himself. Chief Clerk Wendy Williamson created tracking spreadsheets to help him manage cases, but Bordeaux largely ignored them.
Bordeaux proposed remaining in office under a “judicial probation” system with oversight from colleagues, but the panel rejected this proposal as inadequate.
Constitutional grounds for removal
The panel found Bordeaux subject to discipline on three constitutional grounds: willful misconduct in office, willful and persistent failure to perform duties, and conduct prejudicial to the administration of justice that brings the judicial office into disrepute.
“Nothing is more fundamental to the role of judge than ruling and it is a privilege, not a right, to be allowed to serve in that role,” the panel wrote. “Because of his own actions and, more rightly, inactions, we find that Judge Bordeaux has forfeited that privilege.”
The panel noted that 15 of the 16 cases took more than one year to decide, with delays ranging from nine months to more than seven years.
The Georgia Supreme Court will make the final decision on whether to remove Bordeaux from office. If removed, it would trigger a special election to fill the remainder of his term, which runs through 2028.
Full Article & Source:
Georgia panel recommends removal of Chatham County probate judge over delayed rulings
