COMES NOW, Marquitta L. Portman, Plaintiff in the above styled matter, and files this her Amended Motion to Disqualify the Honorable Kenneth Nix, and shows the appropriate Court the following:

Paragraph 1 of Plaintiff's Motion being a fact relevant to the issue, Plaintiff submits Paragraph 1 of the Original Motion as Paragraph 1 of the Amended Motion: Pursuant to Superior Court Rule 3.2, Saturday, October 16, 1999, at approximately 4:30 p.m., Plaintiff learned that the Honorable Michael Stoddard had recused himself from the instant case at bar and that the case was [consequently] assigned to the Honorable Kenneth Nix.

Paragraph 2 of Plaintiff's Motion being a fact relevant to the issue, Plaintiff submits Paragraph 2 of the Original Motion as Paragraph 2 of the Amended Motion: Pursuant to Superior Court Rule 25.1, Plaintiff respectfully moves this Court to disqualify the Honorable Kenneth Nix from the above-styled action. Plaintiff shows this Court that the Motion [was] timely, for it [was] made within five (5) days of the alleged grounds for disqualification.

Paragraph 3 of Plaintiff's Motion being a fact relevant to the issue, Plaintiff submits Paragraph 3 of the Original Motion as Paragraph 3 of the Amended Motion: Acting as trier of this instant civil action places the Honorable Kenneth Nix in a position which, to the average person, has the appearance of prejudice and bias.

Paragraph 4 of Plaintiff's Motion being a fact relevant to the issue, Plaintiff submits Paragraph 4 of the Original Motion as Paragraph 4 of the Amended Motion: The Honorable Robert E. Flournoy, Jr., through June 1999 Order signed by the Honorable George Kreeger, [had] already assigned the underlying case of divorce, Civil Action File No. 94-1-5243-22, to a judge outside the Cobb Circuit. It [was] evident from the pleadings filed in Civil Action File No. 94-1-5243-22, Civil Action File No. 96-1-2243-22, Civil Action File No. 96-1-0373-24, and the instant case at bar, that such action was because the Court, itself, perceived that for any Cobb County Superior Court Judge to preside over this instant case, such would have the overwhelming appearance of prejudice and bias.

The Honorable Kenneth O. Nix has failed to adhere to Superior Court Rule 25.3 and has failed to "immediately determine the timeliness of the motion and the legal sufficiency of the affidavit" in the matter of Plaintiff's Motion to Disqualify the Honorable Kenneth Nix.

Plaintiff submits, that pursuant to Opinion 220 of the Judicial Qualifications Commission, Docket No. 97-78, issued the 25th of April, 1997, and as quoted herein:

"Simply stated, the public must believe in the absolute integrity and impartiality of its judges, and it is the obligation of this Commission to support and encourage such belief. Consequently, even without a showing of actual bias, prejudice or unfairness, and regardless of the merits or timeliness of a Motion to Recuse, this Commission concludes that it is inappropriate for any trial court judge to preside in any action wherein one of the parties holds a judicial office on the same or any other court which sits in the same circuit. Accordingly, the question posed is answered in the negative."

WHEREFORE, Marquitta L. Portman, Plaintiff in the above styled action, prays:

• that the Honorable Kenneth Nix recuse himself, pursuant to Superior Court Rule 25.7 and pursuant to Opinion 220 of the Judicial Qualifications Commission,
  
  
• that this instant case immediately be forwarded to the appropriate judicial body for assignment to an impartial adjudicator, and
  
  
• that this Court grant Plaintiff such other relief as it deem proper and just.

Respectfully submitted, this 7th day of March, 2000.
 
 

Marquitta L. Portman, Plaintiff

261 Pioneer Trail
Marietta, GA 30068-3470
770-971-9455 home -or- 770-528-6627 ext. 233 school

Sworn to and subscribed before me this 6th day of March, 2000.

Notary Public

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