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Kenneth E. Fowler

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Kenneth E. Fowler

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Twiggs County Probate Court
Tenure
Present officeholder


Kenneth E. Fowler was a probate judge in Twiggs County of the Dublin Judicial Circuit in Georgia.[1] In 2012, he was elected chairman of the Twiggs County Commission.[2]

Noteworthy events

Judicial misconduct

Fowler was accused of 16 counts of judicial misconduct including, according to The Telegraph:

  • Stating to criminal defendants that they carried the burden of proof to prove their innocence on charges filed against them.
  • Finding defendants guilty without allowing them to hear sworn testimony of the charging officer or other witnesses.
  • Attempting to dissuade defendants from exercising their right to request transfer of their cases to Superior Court.
  • Expressing prejudgment or bias in criminal matters Fowler heard.
  • Failing to apply proper legal standard for a finding of guilt in criminal matters.
  • Giving false or misleading information to criminal defendants while explaining the conditions of probated sentence.
  • Improperly questioning and interrogating defendants in violation of the defendant’s rights.
  • Allowing criminals to “buy out” the community service portion of their criminal sentences. The “fees” were then deposited into a local bank account, in which Fowler maintain[ed] exclusive control over the holding and disbursement of funds. He failed to turn over the fees to the Twiggs County government.[1][3]

Fowler underwent a trial with the Judicial Qualifications Commission of Georgia. It began on January 28, 2010. On April 1, 2010, the commission released its finding, which was a recommendation that he be removed from the bench.[4] In May of 2010, the Georgia Supreme Court suspended Fowler with pay temporarily, pending a final ruling.[5][6]

Fowler was a high school graduate, and his lawyer argued that the mistakes he made in the courtroom stemmed from a lack of sufficient training.[7]

Ruling

Fowler was removed from the Probate Court and may never hold or seek any elected judge's position in Georgia. Part of the ruling read, "His ignorance of the law is inexcusable, and his abuse of his judicial office unacceptable. Rather than showing any level of competence or fitness to continue to hold his judicial office, Judge Fowler has consistently demonstrated judicial incompetence...disregarded the law as applied to his own conduct...[taken] actions [that have] eroded public trust and confidence in the judiciary...engaged in behavior that is inappropriate for a sitting judge, and...shown a lack of the requisite judicial decorum and temperament."[8]

Footnotes