Kelley’s wife Amy seeking divorce, petition cites “misconduct” of State Representative as reason for seeking end to marriage

A filing that sought to get Tallapoosa Circuit Superior Court Judge Mark Murphy to step aside from a civil matter included a sworn affidavit from State Representative Trey Kelley accusing the court of a “personal bias and or prejudice toward me.”

Judge Murphy, having not realized there was an issue over his potential recusal in the case, wrote a letter to all parties involved in the divorce proceedings with State Rep. Kelley and his wife Amy Kelley that he would step aside, but he did so based on his previous stance to step aside in all cases coming before his bench involving the firm of Parker and Lundy due to pending litigation involving himself, both Polk and Haralson Counties, and Juvenile Court Judge Laura Lundy Wheale.

State Rep. Kelley is an attorney practicing at the firm of Parker and Lundy, and as provided in the recusal motion filing sent into Judge Murphy, previous recusals involving the firm were pointed out.

Kelley’s affidavit cited “the only logical conclusion that can be reached in this matter given Judge Murphy’s history of voluntary recusal from cases involving myself and my law firm is that the court has personal bias and or prejudice toward me.”

You can read the entire divorce filing here.

The written response from Judge Murphy explained that confusion was caused by misinterpretations made in email exchanges that were made in May between State Rep. Kelley’s attorney, Justin O’Dell, his paralegal, and Robin Spivey with the court. A conference call with Judge Murphy had been requested to discuss his potential recusal from the case, and the initial exchanges devolved into the filing.

In Judge Murphy’s letter included in the case file developed so far, he replied to Kelley’s affidavit claiming personal bias denying any allegations of any wrongdoing.

“I am saddened to read Mr. Kelley’s affidavit and his opinion that the only logical conclusion for my lack of voluntary recusal in his case prior to his June 10th motion is that I have personal bias and/or prejudice toward him,” the letter stated. “I state unequivocally that I do not hold such views, and I trust that he will consider a different logical conclusion in view of the business that has consumed my time since May 12th.”

That business has included but wasn’t limited to the resumption of criminal proceedings before judges in Polk County as jury trials were held over two weeks in mid-June, and the planning and organization that consumed his time along with personal issues as well.

“The Kelley divorce case is but one in a sea of civil and criminal litigation assigned to my docket that was commenced at the time of intense and unprecedented demands upon my time as I was preparing for the resumption of criminal jury trials,” the letter stated.

It added “I would never debase the office of Superior Court judge to preside in any case so as to use the power of that office to carry out bias or prejudice against any person. To do so is unthinkable and repugnant to me.”

The filing was one of many that O’Dell presented on behalf of State Rep. Kelley. The original litigation requesting the divorce filed by Amy Kelley’s attorney, T.E. Cauthorn, was filed with the court on May 12.

That filing – mostly standard – places the fault at the feet of State Rep. Kelley.

“…Grounds exist wherein the separation of the parties was caused by the misconduct of the Respondent (State Rep. Kelley) and which may be specifically averred by amendment.”

That amendment hasn’t been provided to Polk.Today as of this posting. Amy Kelley is additionally seeking alimony from State Rep. Kelley, whom she “worked and supported while the Respondent (State Rep. Kelley) attended law school at Georgia State University.”

The filing went on to say that “Upon Respondent’s (State Rep. Kelley) completion of his law school studies Petitioner (Amy Kelley) ceased to work outside the home and participated in and supported Respondent in his political career. Since that time Respondent has supported the family and Petitioner and should be required to support Petitioner by the payment of periodic spousal support.”

O’Dell not only filed affidavits requesting the recusal of Judge Murphy, but also a response to the original motion requesting the divorce.

The answer for the complaint of divorce included a denial that State Rep. Kelley was responsible for any misconduct during the marriage to cause the husband and wife to split, and didn’t specifically provide any response as to whether State Rep. Kelley was willing to provide alimony payments.

The counterclaim in the divorce filed by O’Dell didn’t include any allegations made against Amy Kelley, only that the marriage was irrevocably broken after more than 12 years together.

Both attorneys were sought for comment about the divorce proceedings and whether their clients would like to make a statement. Neither had yet to reply as of this posting.

State Rep. Kelley, who was first elected to office in 2012, had served as the Majority Whip since elected to the position in 2018 until recent days when the AJC’s Greg Bluestein reported that Kelley stepped down from that position this past Thursday evening. His plans so far have not included stepping down from his position as the 16th District’s representative, covering Polk and portions of Haralson and Bartow counties.

He additionally faces a criminal case in court on the misdemeanor charge of reckless conduct involving his alleged actions in the hit and run death of Eric Keais in September 2019. He along with Ryan Dover were indicted by a Grand Jury in December 2020 and arrested more than a year after the incident occurred.

Both Superior Court Judges Meng Lim and Mark Murphy recused themselves from the criminal proceeding before State Rep. Kelley even made a court appearance.

State Rep. Kelley’s legal team argued for a motion to quash the indictment back in June. A decision is pending on whether the case will move forward.