In Re Burgar

Blackburn, Presiding Judge.

Marko L. Burgar appeals the judgment of contempt entered against him, arguing that the trial judge erred (1) in refusing to recuse himself, and (2) in finding him in contempt of court. For the reasons set forth below, we reverse.

This case arises out of the prosecution in the City Court of Atlanta of improper passing traffic offenses against two individuals which resulted in an accident. The trial court held the prosecutor, Burgar, in contempt for his handling of the case when it was called for trial on December 20, 2001. It appears that the State could not make its…