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Judge in hot-car case suddenly resigns; lawyer says profession needs to 'stop abusing its members'

A Georgia judge who made headlines during a hot-car case abruptly resigned from the bench last week, submitting what appeared to be a hastily written resignation letter that misspelled the governor’s name.

Cobb County Chief Magistrate Judge Frank Cox said he was taking health leave, effective immediately, and resigning on Feb. 28, according to the Daily Report. The letter was addressed to Gov. Nathan “Dean” instead of Nathan Deal. Cox had presided in the probable cause hearing last year for Ross Harris, whose toddler died in a hot car.

Two lawyers from Marietta, Georgia, told the Daily Report that they had filed ethics complaints alleging that Cox was abusive to lawyers, defendants and witnesses. They alleged that Cox asked personal questions and made insulting remarks. The Georgia Judicial Qualifications Commission is barred from confirming whether complaints were filed.

Lawyer S. Judson Waites II said he filed a complaint in September, and lawyer Gary Jones says he filed his in December.

As an example of alleged abuse, Jones pointed to the case of a homeless client who couldn’t provide an address. “He had been living under bridges and sleeping on sofas of relatives,” Jones claimed. “The judge belittled him to the point he had tears running down his face.”

Jones told the Daily Report that the chief magistrate is one of the most powerful people in county government because every probable cause hearing and bond request must go through him. Jones said some younger lawyers may have been reluctant to complain. “But I will turn 60 this year,” Jones said. “I think it’s time for the legal profession to stop abusing its members.”