Originally posted by Mad Scientist
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A Georgia Superior Court Judges Directory lists Thomas H Wilson thusly:
Towaliga Circuit
Chief Judge Thomas H. Wilson
One Courthouse Square, 2nd Floor
P.O. Box 950
Forsyth, GA 31029
Work Phone: 478-994-7658
So this fellow is a Chief Justice of the Georgia Superior Court for the Towaliga Judicial Circuit, which was created in 1999.
The official Qualifications Guide published by the State of Georgia shows the qualification which must be met by a person in order to legally hold office as a judge or other state official, and also shows the oaths of office prescribed for these offices. The oath of office for a Superior Court judge is shown on page 129 of the guide, which is actually page 140 of the guide in pdf format, and is stated in this language:
Oath of Office
13. Before entering on the duties of their office, superior court judges are required to take the following oath:
“I swear that I will administer justice without respect to person and do equal rights to the poor and the rich and that I will faithfully and impartially discharge and perform all the duties incumbent on me as judge of the superior courts of this state, according to the best of my ability and understanding, and agreeably to the laws and Constitution of this state and the Constitution of the United States. So help me God.”
O.C.G.A. § 15-6-6
Note:
The federal constitution requires that the judicial officers of the state be bound by oath or affirmation to support the federal constitution. See U.S. Const., Art. 6, § 3.
14. Every public officer must take the oath of office and any oath prescribed by the Constitution of Georgia and must swear that he or she
a) is not the holder of any unaccounted for public money due this state;
b) is not the holder of any office of trust under the government of the United States, any other state, or any foreign state which he or she is by the laws of the State of Georgia prohibited from holding;
c) is otherwise qualified to hold said office according to the constitution and laws of Georgia; and
d) will support the constitutions of the United States and of this state.
O.C.G.A. §§ 15-6-6, 45-3-1
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The above stated requirements for the oath of office were obviously in effect in the year 2000, when the guide book was published, and as far as I can tell the requirements were no different in 2010 when Thomas H Wilson was sworn in. From the above qualifications, we can see that the actual oath taking procedure also requires compliance with requirements of the US Constitution, as well as further swearing that the person is not in violation of any things expressly prohibited by the State of Georgia for a holder of such office. If the above image, showing Wilson's "Loyalty Oath" is actually representing the full oath of office which Wilson was sworn in by then Teri Hinkle is correct and there is a huge problem with this oath as taken. Taking an intentionally incorrect oath of office is the same as having taken no oath of office. Georgia law prescribes the penalty for such failure thusly:
Entry into duties of office without oath
O.C.G.A. § 45-3-9. Entry into duties of office without oath.
Any officer or deputy required by law to take and file an official oath who shall enter upon the duties of his office without first
taking and filing the same in the proper office shall be guilty of a misdemeanor.
HISTORY: Orig. Code 1863, § 141; Code 1868, § 136; Code 1873, § 146; Code 1882, § 146; Penal Code 1895, § 270; Penal
Code 1910, § 273; Code 1933, § 89-9901
A "misdemeanor?" Image that! This is some of the worst possible fraud, and should be punishable by a long prison term, along with disbarment and a prohibition from ever again holding a public office. This man is interpreting law and passing judgment on people, and is no more qualified to do that than the person bagging groceries at your local supermarket, even if he meets all other qualifications aside from his oath of office. And what about the person administering the oath, and the person attesting to the oath having been taken? Why shouldn't they be just as guilty and held accountable? Where's the provision for that?
In looking through the Georgia Constitution, there is no requirement for, or stated text of, an oath of office for judges. It only lists the other requirements. Therefore, the oaths of office are prescribed by state law rather than the state constitution. In looking up Georgia Code for the year 2010, when Wilson was sworn in, the applicable oath can be found in the following Title, Chapter, Article, and Section, and is identical to what was stated in the guide book quoted above:
2010 Georgia Code
TITLE 15 - COURTS
CHAPTER 6 - SUPERIOR COURTS
ARTICLE 1 - GENERAL PROVISIONS
§ 15-6-6 - Oath of judges
Before entering on the duties of their office, superior court judges must take the oath required of all civil officers and in addition they must take the following oath:
"I swear that I will administer justice without respect to person and do equal rights to the poor and the rich and that I will faithfully and impartially discharge and perform all the duties incumbent on me as judge of the superior courts of this state, according to the best of my ability and understanding, and agreeably to the laws and Constitution of this state and the Constitution of the United States. So help me God."
I think Teri is right, and we should all be looking into how the officials in our own states are being sworn in. If it is just half as bad at it appears to be in Georgia then this calls for some serious citizen action and involvement.
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