Contrary to the misrepresentation stated in this letter, the Attorney General represents all of the citizens of the State of Georgia, not only the judges of the State of Georgia.

The following letter is an example of prosecutorial misconduct and is the basis of a disciplinary proceeding.

Threatening a citizen not to present a valid complaint is prosecutorial misconduct and the unethical attorney should be disciplined.

October 29, 1999
 

Marquita Portman
261 Pioneer Trail
Marietta, GA 30068

        RE: Portman v. Kreeger, et al.

Dear Ms. Portman:

I represent the superior court judges who you have named as Defendants in the above case. This letter is to give you the opportunity to dismiss the action against them before you incur the risk that the State's costs of representing these judges may be assessed against you.

As I am sure you are aware this is the fifth time you have tried to undo the judgment in your divorce case which was entered December 11, 1995 by your own admission. It has been pointed out to you on several occasions by the Superior Court of Cobb County and the Supreme Court of Georgia, that your litigation is without merit. Regardless of whether you can now legally attack that judgment, you do not need the superior court judges as defendants in order to continue your litigation.

The action against these judges is frivolous and unnecessary and they must be defended at taxpayer expense. You should be aware that there is a statute, O.C.G.A. Sec. 9-15-14, which allows for the recovery of the expenses of defending against a frivolous suit. We are asking that you dismiss the judges as defendants sending me a stamped "filed" dismissal to arrive before November 4, 1999. If you do not, I will vigorously pursue the reimbursement of the State's costs and expenses.

Sincerely,
 

Kathryn L. Allen
Senior Assistant Attorney General

To view a copy of the actual letter, click on or go to   Kathryn L. Allen Letter

Copyright Notification

Posted November 12, 1999

Graphic added November 24, 1999