DEKALB COUNTY, Ga. — DeKalb County Superior Court Judge Yolanda C. Parker-Smith faces three complaints of judicial misconduct.
An investigative panel from the Judicial Qualifications Commission found that, upon investigation, there was reasonable cause to believe Parker-Smith committed the misconduct in question.
The complaints investigated were filed in 2023, 2024 and 2026.
Following the investigation, the JQC director filed formal charges with a hearing panel and requested proceedings be held to determine if the acts investigated happened and if so, determine if they require sanctions.
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In a statement about the misconduct allegations, Gabe Banks, Judge Parker-Smith’s attorney, shared the following statement:
“Judge Yolanda Parker-Smith has devoted years of service to the bench after being elected by the citizens of DeKalb County to serve as a Superior Court Judge. Judge Parker-Smith is aware of the Formal Charges and is working with her counsel to respond fully and fairly to the same. Judge Parker-Smith does her best to approach every case and every matter before her with good intentions and a sincere commitment to the fair administration of justice. She remains dedicated to carrying out her judicial responsibilities fairly, impartially, and in service to the citizens of DeKalb County.”
The investigative report detailed the following complaints, regarding Parker-Smith being accused of threatening to jail prosecutors, illegally jailing a defense attorney for being late to a hearing and refusing to return indictments in open court over issues with a deputy working at the courthouse.
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Complaint No. 2023-518
The first complaint is tied to a May 18, 2023 criminal calendar call.
After a deal had been reached between prosecutors and defense attorneys to have the suspect enter a plea of nolle prosequi, document filing delays led to a verbal confrontation between Judge Yolanda Parker-Smith and an assistant district attorney.
Several days later, after documents were filed somewhat late, the judge threatened to jail the ADA and staff.
The judge told the ADA that if the nolle prosequi wasn’t filed that day in court, May 18, 2023, by 5 p.m., “somebody’s going to be in trouble.”
The order wasn’t filed until May 19, 2023 and was signed by the judge.
Three days after, on May 22, 2023, Parker-Smith issued an order to show cause to have two prosecutors defend their case for not facing contempt of court charges “for lying to this Court and failing to submit the nolle pros as stated.”
The prosecutors filed to have the judge recused from the contempt action and a request for a continuance. In June, Parker-Smith rescinded the show cause order and canceled the hearing.
Complaint No. 2024-1053
An August 2024 pretrial request led to accusations that Judge Yolanda Parker-Smith threatened to jail a defense attorney.
According to the investigative report, the defense counsel had a client who was, at the time, recently taken into custody and a first appearance was scheduled in Henry County.
After going to the Henry County hearing, which was at 8:30 a.m., the defense attorney had a 9 a.m. calendar appointment with Parker-Smith. He arrived at the court at 10:48 a.m.
Rather than be admitted into the court to wait for the case he was on, the investigative report says the attorney was taken aside by a deputy who took him through side door in the courtroom and placed him into a detention center.
The attorney was never addressed by Judge Parker-Smith, nor did he receive a warning. While in detention, deputies took the defense attorney’s devices, then placed him in the building’s basement detention area in a cell. He was not released until noon before being escorted back to court after retrieving his belongings.
The report says Parker-Smith had the attorney sit in the jury box and brought another attorney in to support him while discussing his illegal jailing in open court.
During this conversation, the judge lectured the attorney about punctuality and conflicts, but the attorney said his office had notified court staff about the scheduling conflict the day before, confusing the judge.
When he asked about his jailing from the courtroom, Parker-Smith did not respond or address it, and no other legal actions were taken.
Complaint No. 2026-190
In 2026, Judge Yolanda Parker-Smith was accused of refusing to return indictments in open court.
Apparent issues between the judge and one of the deputies staffing the courthouse led to delays in the grand jury process.
According to the JQC investigative report, a grand jury that finished its business in early February and assigned an Assistant District Attorney, clerk and sheriff’s office corporal, collectively known as a grand jury team, to go to Parker-Smith’s court to have the indictments returned in open court.
However, the judge instead would not take the bench and had a sheriff’s office captain come to her chambers to talk about how she did not want the assigned corporal in the court with her.
Parker-Smith refused to enter the court so the grand jury team was forced to find another judge to have the indictments returned.
The Formal Charges
For accusations that she illegally jailing a defense attorney, Judge Yolanda Parker-Smith faces Formal Charges of:
- Failing to respect or comply with Georgia law regarding judicial conduct and having attorney jailed without opportunity to speak on his own behalf
- Failure to be faithful to and maintain professional competence in Georgia law
- Failure to be patient, dignified and courteous to the attorney she had detained
In the cases where Parker-Smith is accused of threatening to have prosecutors jailed and for refusing to return indictments in open court, the judge faces charges of:
- Failing to perform judicial duties competently and without bias or prejudice related to contempt proceedings with the prosecutors
- Failure to be patient, dignified and courteous to the two district attorneys involved, as well as various DeKalb County Sheriff’s Office personnel who she dealt with in her official capacity
- Failing to perform judicial duties competently and without bias or prejudice regarding the refusal to return indictments
- Permitting certain interests or relationships to influence her judicial conduct, violating the Code of Judicial conduct when she refused to return indictments due to the presence of a corporal she would not work with
- Failure to cooperate with other officials in administration of court business when she refused to return indictments
The investigative committee concluded that Parker-Smith’s conduct warranted discipline and amounted willful misconduct in office or conduct prejudicial to the administration of justice.
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