The District Attorney of the Appalachian Judicial Circuit has filed responses stating Judge Harry Doss should recuse himself or there should be hearings in 51 cases where a Jasper attorney sought the judge’s recusal, citing personal bias.
District Attorney Joe Hendricks said his responses, filed on single sheets of paper in all 51 cases, should not be viewed as agreement that Judge Doss is biased against attorney George Weaver but only that there is sufficient reason to hold hearings.
“I’m simply saying that Mr. Weaver has filed the affidavits and now deserves a hearing. It is always up to the judge to rule in this type of case,” Hendricks said.
Hendricks’ response, filed September 11, stated, “The state of Georgia stipulates and agrees that the Motion and Affidavit state sufficient grounds to require a hearing before another judge and/or the recusal of Honorable Oliver Harris Doss, Jr.”
On September 2, Jasper attorney George Weaver filed 51 motions seeking that Judge Harry Doss recuse himself in all cases handled by Weaver in the Appalachian Circuit.
In Weaver’s original filing, he stated Doss had a personal bias against him and would try to “teach a lesson to a lawyer by mistreating their client,” the original motion stated.
The “Disqualification and Recusal of Judge Oliver Harris Doss, Jr.” motion filed by Weaver states the judge told an assistant DA that Weaver and an investigator from Judicial Qualifications Committee (JQC) were “old police buddies.”
Weaver wrote in the motion that this implies Judge Doss believes the JQC investigator and Weaver “are somehow connected to the investigation in some kind of conspiracy.”
The JQC does not comment on any investigations until they are completed.
In Weaver’s allegations of bias in the motion, a conversation is cited between Doss and other court personnel.
“During this discussion, Judge Doss stated, ‘George has been running his mouth about me in public. He needs to understand that a superior court judge can ruin his…’ Judge Doss ended the sentence midway without explaining what I needed to understand or what a superior court judge could ruin. Would it be my business, my reputation, my relationship with my clients? What?” Weaver wrote in the affidavit.
George Weaver is married to Superior Court Judge Brenda Weaver, and if Doss does recuse himself, George Weaver’s cases could only be heard by the third judge in the circuit, Roger Bradley, or special judges.
Hendricks said there is no time frame for the judge to decide to recuse himself or to arrange a hearing before another judge. Hendricks said the recusal issue should not create any lengthy delay in Weaver’s cases.
Hendricks said part of his motivation in filing responses to Weaver’s motions was to see that once the cases involved are heard, there won’t be any outstanding issue in regard to alleged bias that might give the defense an opportunity to appeal those cases.
“If they are tried and convicted, we don’t want the Court of Appeals to send it back to be re-done because of (the recusal issue),” he said.
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