Group Asks Governor to Deny Judgeship to Lawyer Who Helped Orchestrate Citizen Journalist's Arrest

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Clint Bearden from YouTube video[/caption] A nonpartisan voter rights organization has asked Georgia Governor Nathan Deal not to appoint an attorney who works for House Speaker David Ralston to the Superior Court bench, citing the lawyer’s role in the arrest and recent trial of a citizen journalist. Following the six-day trial of citizen journalist and videographer Nydia Tisdale on obstruction and criminal trespass charges, Garland Favorito—co-founder of Voters Organized for Trusted Election Results in Georgia (VOTERGA)—petitioned Deal to reject Blue Ridge attorney Clint Bearden as a candidate for Superior Court in the Northeastern Judicial District. Bearden also is a part-time associate magistrate judge. The district includes Dawson County, where Tisdale was arrested in 2014 during a Republican political rally at a local pumpkin farm and where a jury on Dec. 4 convicted her of misdemeanor obstruction of a law enforcement officer. The jury acquitted Tisdale of felony obstruction and of criminal trespass—the underlying charge that led to her arrest and forcible removal from the rally at Burt’s Pumpkin Farm by a Dawson County sheriff’s deputy. Tisdale, who hosts the AboutForsyth.com website, has for years filmed public meetings, political speeches and other public events then posted the unedited videos online without commentary. Bearden, who acknowledged at Tisdale’s trial that he had helped orchestrate her arrest at the rally, was a prosecution witness. Favorito told the Daily Report that VOTERGA has sent a letter to Deal asking him not to appoint Bearden because, “We were concerned … [that] a sitting judge did not understand the First Amendment of the Constitution and would not respect First Amendment rights.” He said the group intends to present a hard copy of the letter to the governor's office on Monday. “We knew that Clint Bearden knew this was a publicly advertised event,” he added, but that the lawyer had initiated Tisdale’s arrest anyway. “We didn’t feel he should sit on a bench anywhere in Georgia if he would not respect the First Amendment.” Favorito lives in Fulton County, but he said a number of VOTERGA members are Dawson County residents. Like him, they attended Tisdale’s entire trial, he said, and support his request that Bearden not be appointed to the Superior Court bench. Bearden did not respond to calls to his law office or emails seeking comment. Deal’s spokeswoman also did not respond to emailed requests for comment. The state Judicial Nominating Commission on Nov. 16 recommended Bearden, who since 2016 has also served as a part-time associate magistrate judge in Dawson County, as one of three candidates for a new Superior Court post created earlier this year for the Northeastern Circuit bench, which includes Hall and Dawson counties. The other two candidates are Hall County State Court Judge Larry Baldwin and the circuit’s juvenile court judge chief, Lindsay Burton. Bearden earned his law degree from the University of Georgia in 2008. He has worked as an intern for Deal and as a clerk for Deal’s son, Hall County Superior Court Judge Jason Deal, in the same judicial circuit where Bearden aspires to the superior court bench. Favorito said that VOTERGA members had contacted the JNC after learning that Bearden had applied for the judgeship and had asked commissioners not to recommend him to the governor as a candidate for the bench because he had facilitated Tisdale’s arrest while she was filming what had been advertised as a public political rally. When the JNC recommended Bearden anyway, VOTERGA members began contacting the governor with their objections, Favorito said. The VOTERGA letter to Deal said Bearden had initiated Tisdale’s forced removal and arrest for criminal trespass. The letter said he also had denied under oath that he had helped to advertise the rally as open to the public at large, even though emails he exchanged with then Dawson County Republican Party chairwoman Linda Umberger that were introduced at trial revealed that the two had discussed advertising in local newspapers to promote the event. The letter also contended that Bearden’s testimony that political candidates at the rally had objected to Tisdale’s recording of the event had been impugned by five state officials who spoke at the rally and testified at Tisdale’s trial. Those public officials, all of whom were elected or reelected to public office in November 2014, include now former Attorney General Sam Olens, Insurance Commissioner Ralph Hudgens, Labor Commissioner Mark Butler, Agriculture Commissioner Gary Black and State School Superintendent Richard Woods. During his testimony, Bearden acknowledged that “to the extent that it’s [the political rally] a public location,” the public, including Tisdale, has a right to be present. But, “to the extent, it’s a private location, I don’t necessarily agree. You’re invited to be there.” And, he added, “You can be uninvited to be there.” That is what Bearden testified he was attempting to do after state Insurance Commissioner Ralph Hudgens said at the rally that then U.S. Senate candidate Michelle Nunn made him want to “absolutely puke.” Hudgens then addressed Tisdale directly, saying, “I don’t know why you’re filming, but yeah, that’s what I said.” Bearden testified that Hudgens was upset that his off-color remark had been recorded, insisting he needed to get a copy of the recording. So, apparently, was Mack Burgess, a state Republican party operative whom Bearden said asked for the lawyer’s help after he had told Tisdale to stop recording and she ignored him. Hudgens, however, testified that he had no problem with Tisdale filming and even voluntarily returned as a rebuttal witness after Bearden testified a second time and insisted that Hudgens was agitated by Tisdale’s presence. Bearden testified that, after Burgess talked to him about Tisdale, he in turn had gone to Johnny and Kathy Burt, the rally hosts and owners of the pumpkin farm where it took place. He took with him Dawson County deputy Tony Wooten, who was working security at the event. Bearden testified that he and Wooten told the Burts that “the campaigns were concerned” about Tisdale’s presence and persuaded them that she needed to leave. Bearden testified that he directed Tisdale three or four times to stop recording. When she declined, telling him she had permission of owner Kathy Burt, he informed her, “No, ma’am, I just spoke with Mrs. Burt, and you do not have permission.” Bearden said of Tisdale’s refusal, “I thought at the time, it was somewhat, it was a little rude. I was a little taken aback.” Bearden said he sat back on the row behind Tisdale and crossed his arms, then watched as Wooten confronted and physically dragged Tisdale from the rally. He acknowledged that he did nothing to stop the confrontation, even when Tisdale began demanding that Wooten identify himself. Bearden said he spotted Tisdale’s camera bag underneath her seat and followed Wooten as Tisdale was frog-marched to a nearby barn. “I thought she was going to be leaving,” he said. “I didn’t want Ms. Tisdale to come back to the front row of the event. … It would have been an awkward and embarrassing situation at that point. I didn’t know really what would happen.”