Contractor wins lawsuit against probate judge (Nov. 5, 2014)
Warrant applied for judge's arrest (Oct. 27, 2014)
UPDATE: Rodney Scott, the plantiff who won a civil lawsuit against Probate Judge Charles K. Mays, Sr., began protesting Monday outside the Rockdale County Courthouse after Mays filed an appeal of the judgement on Friday. Scott said he is protesting because Mays is not honoring the ruling that awarded Scott about $10,500 in unpaid materials and work for renovating a condominum. He also said he thinks Mays should step down from the bench while Mays faces possible criminal charges for felony theft in a separate case. "I'm going to be here everyday until he steps down," said Scott. Onlookers mostly read the signs in silence. The News has left messages to Mays' office for a response.
(Friday, Dec. 8, 2014, 8:22 p.m.) There's another turn in the civil case involving Probate Judge Charles K. Mays, Sr.
On Friday, Mays filed a notice of appeal on the original judgment against him in the case involving Rodney Scott, a contractor who won his lawsuit against Mays for $10,500 of unpaid work and materials. The hearing took place Nov. 5 and Mays had 30 days from the ruling of the trial to file his appeal.
The appeals hearing will take place in either the State or Superior Court of Rockdale County. Judge Phyllis R. Williams of DeKalb County Magistrate Court, who heard the original case, will make that determination since a specific court is not indicated on the notice of appeal filed by Mays.
Williams was sitting in for Rockdale's Magistrate Court judges, who recused themselves because the matter involved a judge sitting in the same circuit.
In the original judgment, Scott, who was not represented by an attorney, was awarded a little under $10,000 and termination of the lease purchase contract between Scott and the Mays Family trust, as Scott requested.
In June and July, Scott had been brought on board by Judge Charles K. Mays, who has a home repair and contracting business, to repair the condominium, which Scott described as not being in livable condition. Scott expressed interest in buying the condominium, he said, as a way to help the Mays family who were behind on their payments for the condominium and because he needed a more permanent home; at the time he was living with his daughter and her children. Scott thought he was buying a home from Mays and had put about $10,500 worth of renovations into the condominium, where he currently lives. He said there had been a verbal agreement between Mays and himself that Mays would cover the cost of the repairs.
Scott said he also made two down payments of $1,500 and one payment of $1,000 to the Mays family, with no receipts.
Mays and DJ Asante, who represented himself as a trustee of the Mays Family Trust, contended there had been no evidence given to them of the work and no receipts turned in for the work, besides receipts for parts of an electrical panel Scott had repaired by a certified electrician.
Asante said when he tried to ask for the receipts and to go onto the property, Scott became "belligerent," refusing to talk with Asante and wanting to talk with Judge Mays.
Scott later testified that he had talked over the phone with Mays and attempted to arrange a way to submit the totals, either by phone or in person, but was turned down. Scott said he had recorded the phone conversation with Mays.
Scott was ordered to pay the October and November rent and move out of the condominium at the end of 30 days, at the end of November.