Saturday, Jun. 28, 2008

Feds accuse Ga. judge of giving jobs as repayment

Federal prosecutors say a Clinch County judge secured a judgeship for his former law partner and courthouse jobs for the partner's wife in exchange for legal services.

They say the couple did little or no work, but together earned more than $500,000 in the positions.

The allegations in a court filing are the latest to emerge against Brooks E. Blitch III, who resigned from his Superior Court judgeship this month to settle state judicial misconduct charges. Blitch has not been charged with any crimes.

Maxwell Wood, the U.S. attorney in Macon, makes the accusations in a document filed in U.S. District Court in Valdosta. The filing asks a federal judge to begin forfeiture proceedings against property owned by Berrien Sutton, Blitch's former law partner.

Sutton also served as a judge of State Court and Juvenile Court in Clinch County until June 1, when he resigned to settle misconduct charges by the state Judicial Qualifications Commission.

The prosecutors' filing says Blitch appointed Sutton as a part-time juvenile judge in 2001 and hired Sutton's wife to be a court administrator and to fill two other courthouse jobs "as repayment for legal services" Sutton had provided Blitch. It says Blitch also wanted to help the Suttons with financial problems they had.

Those jobs paid Sutton and his wife, Lisa Sutton, more than $537,000 over several years. The court filing doesn't say when Lisa Sutton was hired. It says the scheme was hatched in 1997.

"Although they each received substantial pay for those positions, (Lisa) Sutton and (Berrien) Sutton either performed a minimal amount of work, or none at all," says the court document, filed June 19.

Although no criminal charges have been filed against Blitch or the Suttons, the court document says payments to the Suttons for those jobs amounted to mail fraud because some of the money was mailed to them.

Sutton and his attorney, Tom Withers, did not immediately return phone calls seeking comment Friday.

Blitch's attorney, Robert Willis, said the former judge committed no crimes by appointing Sutton and hiring his wife.

"There's no question he tried to help out his friend when he had financial difficulties," Willis said. "But as far as giving him something fraudulently, absolutely not."

Wood declined to comment on the court filing.

The property targeted for forfeiture by prosecutors is an inn in rural Atkinson County. Prosecutors estimate it is worth at least $250,000.

They say the inn is subject to being seized by the government because the Suttons used the property to secure a bank loan that was paid off with money from the jobs Blitch gave them, the court filing says.

Prosecutors did not seek to seize the property right away, but asked a judge to allow federal officials to inspect and appraise it. A judge granted the request the day it was filed.

Blitch, 73, served as a judge for nearly 28 years and was one of the most powerful figures in rural Clinch County, located near the Georgia-Florida border.

He resigned to settle charges by the Judicial Qualifications Commission that Blitch oversaw illegal payments to employees, ordered the early release of imprisoned felons and usurped county commissioners' control over funds collected through court fees.