Judge in Foley case gave $50 to his campaign

The Roswell judge assigned to hear the case of House Minority Whip Dan Foley, who is scheduled to go to trial next month on charges of disorderly conduct, obstructing an officer and resisting arrest, gave $50 to one Foley’s House re-election campaigns.

In addition, Foley is a close friend of a son of Judge Clyde McKee, the Roswell Daily Record is reporting today.

McKee, according to the site FollowTheMoney.org, gave $50 to Foley in 2002 or 1998. The year differs on different pages on the Web site. In addition, according to the newspaper, the judge is the father of Michael McKee, who told the newspaper he is “a close personal friend of Dan Foley and a campaign contributor and supporter.”

In 2004 alone, Michael McKee gave $1,103 to Foley’s campaign, the newspaper reported.

In addition, Foley came to the defense a year ago of Teresa Davis-McKee, Michael McKee’s wife, during a verbal altercation involving a county commissioner at the Chaves County Courthouse.

The charges against Foley stem from a fight between two teens at a Gus Macker basketball tournament in Roswell last month. Foley ran onto the court after his son was knocked over by the opposing coach. Police say Foley pushed his way past one officer and spit tobacco on him before having to be forcibly taken to the ground by two other officers. Foley says he remained calm throughout the event and does not chew tobacco.

Foley, who is scheduled to go on trial on Aug. 2, has pleaded not guilty. He faces a maximum fine of $784 and 20 days in jail.

There is an appearance here that the judge could be too close to the accused in this case. At the same time, Roswell is a small town and public officials – even judges – tend to know everyone. The Code of Judicial Conduct does not automatically disqualify judges from presiding over cases involving campaign contributors.

The other Roswell municipal judge has already recused himself from the case, but there are certainly proxies who could hear it if Clyde McKee recuses himself, so he does have that option. The judge should weigh the issues carefully before deciding whether to recuse himself from the case. As the accused, Foley deserves that much.

“I have faith in the legal system, whichever judge hears my case. I look forward to my day in court,” Foley told me.