Probate judge takes stand to face 'willful misconduct' accusations

A Chatham County Judge found himself in an unusual position, responding to inquiries about his delayed or absent rulings on various cases.

“I dropped the ball on this one. I readily admit that”

Those were words Probate Judge Tom Bordeaux said several times while on the stand in a Judicial Qualifications Commission hearing on Monday.

These questions were linked to a set of 10 formal charges levied against him in October 2024 by the Judicial Qualifications Commission (JQC), which cited willful misconduct and dereliction of duties.

The charges, documented by JQC Director Courtney Veal and Deputy Director Ashton Murphy, accused Bordeaux of breaching at least two principles of the Code of Judicial Conduct.

According to this Code, judges must fulfill their judicial and administrative responsibilities with competence, diligence, impartiality, and fairness, and they are obligated to resolve all judicial matters promptly and efficiently.

It is alleged that Bordeaux failed to process over a dozen cases in a timely way, with some cases taking years to reach a resolution, and several still pending due to his lack of action.

first told you about this problem in 2021 when attorney Mark Tate filed a Writ of Mandamus against Judge Bordeaux.

In 2021, Tate expressed that the intention was to compel the court to fulfill its duties as sworn, noting that multiple interventions had been made, including bench briefs, at least four phone calls, and a letter from the defense counsel querying the court’s progress.

In all Bordeaux had five Writs filed again him from 2018-2021.

In 2021, Bordeaux claimed that an “overwhelming workload” and the COVID-19 pandemic slowed down his work.

The court detailed some of the cases involving family estates and disputes that were sent to his office in 2017. Some of those weren’t given a decision for year, or two years. Others were still pending as late as 2024.

“I think people deserve to know why I rule a certain way,” Bordeaux said. “And that’s why one of the reasons why I write so much, a novel type order is not new, but it is wordy.”

“People also deserve to have these matters resolved promptly and efficiently, correct?” the attorney asked Bordeaux.

“Yes, ma’am,” he responded.

Bordeaux did admit on the stand today he “dropped the ball” on several of the cases but said he was working to do the job correctly.

“I put this aside and left it aside and I absolutely dropped the ball on that, and I’m embarrassed by it,” Bordeaux said. “But that’s how it got there. And I don’t know how it is with you, but trying to pick up something that’s it’s pretty old is hard to do for me.”

When pressed on how to fix the problem in his office, the judge had few answers. He was asked if he had a backlog of estate cases sitting on his desk for over six months, which Bordeaux replied that he wouldn’t be surprised.

“We are an incredibly busy court. I have files on my desk that need attending to. I could spend all today and tonight entering orders,” he said.

He was asked, “How are you going to ensure that this is not an ongoing problem with things as they are right now?”

Bordeaux said, “I can’t do that. I can try and make it better.”

Bordeaux was quick to blame many of the issues on Chatham County, specifically staffing and money.

Bordeaux said didn’t have a full-time staff attorney at the start of his two terms. His clerk was also playing a role as an associate judge.

The judge said he needs a full-time associate judge and better facilities to help solve the problem. He talked at length about empty courtrooms in the old Chatham County Courthouse and how he had to request to use them, saying he was “stonewalled by county.”

“How many cases each year do you need a larger courtroom?” the judge was asked. He said a lot.

He was asked, “How many times have you written to the county to get access to a larger courtroom and they have denied it?”

Bordeaux responded, “Every time I have asked it’s been granted.”

The judge said he does not like to do remote proceedings in his position, adding he does not like them.

Bordeaux’s money claims are not a full reality. His staff and budget has increased in size significantly since he began his first term in 2016.

The judge said former Savannah City Manager Pat Monahan has helped him before, and Bordeaux would pay Monahan “out of his own pocket” to help solve these problems in the future.

Bordeaux also said because of his age, 71, and his other interests, he would not commit to running for another term in 2028.

The hearing is expected to finish up Tuesday before a decision is made on Bordeaux’s judicial future.

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