Atlanta Educators Seek Recusal of Judge in Cheating Scandal Case

Broadcast version of this story.

Now at issue are the circumstances surrounding APS defendant Tamara Cotman.

She’s is the former regional director that worked under Dr. Hall.

Last year, after being acquitted of influencing a witness charge, Cotman filed an appeal to have the other charges thrown out citing double jeopardy.

According to the most recent motion, on April 8th, the Court of Appeals issued an order disclosing that Judge Baxter made multiple phone calls  “urging quick action”  regarding Tamara Cotman.

The motion doesn’t cite Baxter as pushing for a specific ruling, but to expedite a decision.

And that led to Cotman’s attorneys filing a motion seeking Judge Baxter’s recusal.

Leah Ward Sears, retired chief justice of the State Supreme Court of Georgia, says while Baxter’s actions may be unusual, it doesn’t warrant his recusal.

“I don’t think he would have to be recused. I do think calling the Court of Appeals may be improper and it’s certainly embarrassing because one court doesn’t call another court and kind of attempt to cajole it into action.”

But Hall’s attorneys also say comments Baxter made in a March 18^th hearing indicate a bias.

According to the motion, Baxter called Cotman’s appeal frivolous.

Another Fulton Superior Court Judge, Shawn LaGrua will preside over the hearing on this motion filed by Hall’s attorneys.

Specifically addressing the Hall motion, Sears says there are some definite factors Judge LaGrua will have to consider in issuing a ruling.

For example, according to Sears, “whether or not the judge’s conduct, that’s outlined in the motion, is of sufficient to indicate such strong bias against Beverly Hall that she could not get a fair trial in Judge Baxter’s court. That’s the standard,”

There are thirteen remaining APS defendants including Dr. Beverly Hall and Tamara Cotman.

All are charged with racketeering.

As of now, the trial is set to begin August 11^th.