A superior court judge dismissed a motion to transfer a case to a new venue for a Guyton City Councilman facing felony charges.
Judge Michael Muldrew declined to hear a motion Wednesday filed by the attorney for Theodore Hamby, who is charged with misusing the city credit card. Hamby 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.
Defense attorney Justin Maines filed a motion in Effingham County Superior Court earlier this month, contending that Hamby’s case should be moved out of Effingham County due to the employment of Senior Deputy Clerk Kelly Hoffner who works for elected Clerk of Court Walt Lawson. In the document, Hamby’s attorney argued 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 in Hamby’s case to date 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 reporter. Read more about that here.
Assistant District Attorney Matt Breedon argued before the hearing began that it was not appropriate for the court to even hear the Motion for a Change of Venue. He said the conflict did not rise to a level to warrant a move outside of Effingham County, that there was no legal basis for the motion, and that in instances where a conflict does exist, the protocol is to recuse the individual – like a judge or prosecutor, not move the case entirely.
Maines said in court Wednesday that Hoffner, being second in command in the Clerk of Court’s office, tainted every subordinate in the office and that no other individual in the office could handle the records due to her position as a political opponent of Hamby’s.
Judge Muldrew asked Maines why the elected constitutional officer, Walt Lawson, was not a sufficient person to handle the records in place of his chief deputy clerk, but Maines responded only that no one outranks Hoffner.
Muldrew then asked if Hoffner was a current political candidate for Guyton City Council against Hamby, to which Maines replied that she was not. “I don’t know if she intends to run against Mr. Hamby, but she has demonstrated bias.”
Maines said that it was his understanding at the time the ethics complaint was filed in 2024 that Hoffner was Hamby’s political opponent.
“You alleged that in your motion,” Muldrew said, reading from the fourth paragraph of the document. “She ran for Tax Commissioner last year. There was a sign on every corner.”
Maines contended that he had a right to have his motion heard and if Muldrew failed to hear his motion, it would be a violation of Hamby’s constitutional rights. He said he wanted Hoffner to testify about her involvement in the political opposition to Hamby and have it all out in the open.
“If the court is going to deny the motion without hearing evidence, that’s another reason we should get a change of venue,” Maines told the court.
Muldrew said he was merely asking what the basis was for the request for a change of venue. “You have contested in your motion that she is still contesting his city council seat, but have no documentation supporting that.”
Maines states that he filed a statement attesting to such, referencing the ethics complaint filed by Hoffner against Hamby in 2024, more than six months before his alleged wrongdoing and subsequent arrest. He stated her campaign manager also filed a complaint against Hamby in 2024 and that should warrant the change of venue.
“None of this changes the venue,” Muldrew said. “If a DA for some reason is recused, you bring in another DA. You don’t change the venue.”
ADA Matt Breedon interjected, “Let’s assume that a bias exists. I don’t believe there is one, but for argument’s sake, let’s say a conflict exists – a change of venue is appropriate when there is extrajudicial action or influence that would taint the defendant’s ability to get a fair trial. That’s the issue here.”
Muldrew agreed with Breedon, telling Maines that the argument failed because there is an elected clerk – Walt Lawson. “It’s his responsibility to be in charge of whatever documents he holds. That’s all he is – a custodian of records. He doesn’t have the ability to affect the outcome of this case.”
Maines told the court that the clerk’s office is part of the judiciary and part of the court itself. Continuing as-is would betray the public trust, he said.
“I read the motions, I’m very familiar with the requirements for a change of venue. It’s very hard to meet the burden. It’s normally done at jury selection with regard to whether you can show there is information from the media that’s impacted the impartiality of jurors. After reading your motion for venue change, and your supporting documents, the court finds that you have not argued that Hoffner would in some way have bias that could be detrimental to your client’s defense.”
Maines asked if the court was denying the defense’s opportunity to hear witness testimony altogether.
Muldrew stated the court was not going to entertain the motion. Maines replied that Hoffner is a political opponent whether she’s running for office or not. Muldrew told Maines that he had offered nothing to support what he alleges.
Maines asked for the opportunity to appeal to a higher court, which Muldrew denied. “This case just needs to be disposed of. There’s nothing unusual about it.”
Breedon interjected that the state had offered a plea deal which expired today. He attempted to put it on the record, but Maines said this was the first he had heard about a deadline for the plea offer. Breedon then went to refer to an email sent to Maines, but Muldrew told Maines he should contact Breedon’s superior if he has an issue.
The hearing concluded immediately after.
