Judge in Foley case is pushing ethical limits

The attorney for Dan Foley, the GOP state representative from Roswell who is facing charges of disorderly conduct, obstructing an officer and resisting arrest, has requested a postponement of his Aug. 2 trial date, the Roswell Daily Record is reporting.

Municipal Judge Clyde McKee told the newspaper on Tuesday he hadn’t seen the request for a continuance but would most likely approve it.

“I have no reason not to,” the newspaper quoted him as saying, adding that such requests are “normal procedure” and “usually not refused” when they’re reasonable. Foley’s attorney said he has about 50 witnesses to interview and needs more time.

Foley ran onto a basketball court in Roswell last month after his son was knocked over by the opposing coach during a fight between two teens. 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 others. Foley says he remained calm throughout the incident and does not chew tobacco.

Foley has pleaded not guilty. He faces a maximum fine of $784 and 20 days in jail.

Here’s where things get sticky: McKee, you might recall, in the past gave $50 to one of Foley’s campaigns. In addition, his son is a close friend of Foley and a financial backer. So the judge is already facing some pressure to recuse himself from the case. His newest statement seems to indicate he doesn’t plan to do that.

The biggest problem is that the judge told a newspaper how he will likely rule on a motion that, at the time, he hadn’t seen. He says such requests are “usually not refused” when they’re reasonable, but he didn’t know at the time whether this one is reasonable. He revealed a bias by giving an opinion to a reporter without having firsthand information about the request.

There’s a good chance his statement to the newspaper will be investigated as a possible violation of judicial ethics. It gives further ammunition to those who believe the judge won’t be objective in the Foley case.

When I wrote about this last week, I said the judge needed to carefully weigh the issues before deciding whether to stay on the case, but I didn’t give an opinion on what he should decide. Because of his newest statement, it would be best, at this point, for McKee to recuse himself and let a proxy judge hear the case. If he stays on the case and Foley is exonerated, this is going to come back to haunt both of them.