Fayette County's long-time

Chief Magistrate Judge, who has been accused of using racial slurs while

carrying out his job, has issued his resignation to Georgia Governor Roy

Barnes.

In the two-sentence letter

to Barnes, A.K. (Kenny) Melear Sr. said the resignation will be effective

Sept. 1 and he has already notified Chief Superior Court Judge Ben Miller

of the development.

According to numerous sources,

Melear was under investigation by the Judicial Qualifications Commission

for using racial slurs when inquiring about the ethnicity of suspects

whom police were seeking his approval to arrest. The JQC was set to meet

again Aug. 30, but because the process is secret no officials would confirm

whether or not the commission was slated to receive information on the

investigation.

Several attempts to speak with

Melear were unsuccessful. Melear has been a magistrate judge since 1974

and the chief magistrate since 1983.

The complaint against Melear

was filed in March by fellow magistrate judge Joe Tinsley. The racial

slurs were witnessed by several detectives of the Peachtree City Police

Department, according to sources.

Several weeks ago, the Fayette

County branch of the National Association for the Advancement of Colored

People held a news conference to express frustration that the investigative

process was held in secret and seemed to take quite a while.

Most of the commission's proceedings

are confidential, except for formal hearing proceedings, reports recommending

discipline and any decision after a hearing in which a judge was found

not guilty of misconduct.

The JQC has the power to recommend

to the Supreme Court that a judge be suspended, removed from office, asked

to retire or censured.