A Guyton City Councilman facing felony charges wants a change of venue outside of the Ogeechee Judicial Circuit because of an employee in the Effingham County Clerk of Court’s Office.
Guyton City Councilman Theodore Walden Hamby II was arrested by the Georgia Bureau of Investigation on March 14, 2025 after a request for inquiry into his use of the city credit card. He was formally charged in Effingham County Superior Court in June on three counts of Financial Transaction Card Fraud and two counts of Making False Statements.
Hamby’s attorney, JD Maines, told WJCL in May that it was all a mistake and an issue rooted in Hamby’s age.
“Our position is this was him using the wrong cards. I have like six or seven cards in my wallet from different businesses, the firm, my personal. And, for someone his age, it’s not uncommon to make that mistake, and that’s all this was,” said JD Maines.
Now, as the case moves forward in superior court, his attorney wants the case to be transferred outside of Effingham County.
The Motion, filed in Effingham County Superior Court by Maines on Friday, cites the employment of Senior Deputy Clerk of Court Kelly Hoffner as the reason the case should be moved out of the four county judicial circuit that encompasses Bulloch, Effingham, Jenkins, and Screven counties.
The Motion lists Hoffner as a ‘political opponent’ of Hamby’s, though Hoffner ran for Effingham County Tax Commissioner in 2024. She only became an opponent to Hamby after Hamby reportedly offered his political endorsement of her in exchange for money. The incident resulted in an ethics complaint being filed against Hamby and the city ethics committee ultimately determining that Hamby violated the city’s ethics ordinance. The council voted to have Hamby publicly apologize, but Hamby never did.
In the document, Hamby’s attorney argues that Hoffner should have disclosed her conflict of interest as a supervising Clerk of Court. Hoffner, however, is not the elected official in charge of the office. Walt Lawson is. The documents filed thus far all reflect Walt Lawson’s name, not Hoffner’s. Additionally, the Clerk of Court is the custodian of records and operates independently of the prosecutor, the judge, and even the court report.
The Motion also erroneously states that Hoffner’s ethics complaint was against Hamby “for the same conduct charged in this instant case in an effort to advance her own political ambitions at the direct expense of the [Hamby].” That assertion is factually incorrect as Hoffner’s complaint was filed in May 2024 over the endorsement and bribery allegation. The felony charges pending against Hamby relate to a February 2025 incident. Further, Hoffner was not employed with the Clerk of Court’s Office when she filed the now-closed complaint back in 2024. Why Maines suggested the ethics complaint was connected to the criminal case when he filed a dated copy of the ethics complaint as part of his motion is unclear.
In arguing for the change of venue, Maines’ Motion cites pretrial publicity or local conditions which create a climate of hostility and when there’s evidence that officials involved had political motivations.
“The clerk of court’s conduct results in the appearance of impropriety and erosion of public trust in impartial proceedings,” the Motion reads. “The small size of the Effingham County community means such a conflict is more likely to taint the jury pool and court operations.”
Notably, a case involving a botched murder-for-hire originating from one of Georgia’s prisons located in Tattnall County has escalated to a death penalty case. The case has garnered nationwide attention and reporting from all corners of the state. It was also the basis of Peabody Award nominee podcast Prison Town. Tattnall County is one third of the size of Effingham County and in that case, a superior court judge just recently denied the defense request for a Change of Venue. The court, citing decades of case law, held that mere media coverage ahead of a trial does not necessarily equate to the inability to seat an impartial jury. Having knowledge of the case is not enough to exclude a juror either. The issues arise when jurors assert that they cannot be objective if they were asked to serve on a case.
Hamby’s scheduled to appear in court later this month before Judge Michael Muldrew. Also unfolding in August will be the determination by a commission of officials appointed by Kemp on whether or not Hamby should remain in office while his case is adjudicated.
Hamby’s negative publicity predates his felony charges, dating back to shortly after his term of office began in January 2024.
Hamby used his position as a city council member to file for public service loan forgiveness from the federal government.
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- Guyton Councilman Tells Ethics Committee “If It Doesn’t Fit, You Must Acquit”
- Guyton Ethics Committee Says Hamby Guilty of Ordinance Violations, City Council Takes Action
- Harville Vetoes Retirement Plan for Guyton City Council
- Guyton City Councilman Cites Elected Office on Student Loan Forgiveness Application
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