Georgia Council
of Court Administrators

Established 1997

Withers v. Schroeder Update

September 10, 2018 10:54 AM | Colin Slay (Administrator)

Message from the President

Attached is the Supreme Court decision in the Withers vs. Schroeder case. As you may recall, Mr. Schroeder sued DeKalb County Recorder’s Court after a clerical error resulted in Mr. Schroeder’s arrest and incarceration. The case was heard in DeKalb County Superior Court and dismissed.

However, the Georgia Court of Appeals reversed the dismissal and directed the DeKalb County Judge to reinstate a number of Schroeder’s claims. The panel ruled that Judge Withers and her court administrator were not entitled to judicial and official immunity, as they had been negligent in executing specific administrative duties.

In a decision issued today, the Supreme Court of Georgia ruled that both Judge Withers and Court Administrator Thompson were immune from suit based on judicial immunity and quasi-judicial immunity, respectively. 

We are both relieved and thankful that the Supreme Court recognizes the importance of judicial immunity for not only judges, but also court staff acting at the judge’s direction in fulfilling judicial functions.

Yours in service,

Tracy

Withers v Schroeder Supreme Court Decision.pdf

Georgia Council of Court Administrators

244 Washington Street, SW Suite 300
Atlanta, GA 30334-5900
Powered by Wild Apricot Membership Software