The resignation came with an additional stipulation — he agreed to not seek election or appointment to any judicial position in the future.
District Attorney Leigh Patterson said she received information about several allegations of misconduct by Mathis last summer and requested that the Georgia Bureau of Investigation conduct an investigation.
Since then the investigation has concluded, and she said criminal charges may be pending in the future.
“We have continued to develop that information,” Patterson said. “We have the GBI case file and are reviewing it for any possible criminal violations.”
She declined to comment on the nature of the allegations.
Patterson also contacted the Judicial Qualifications Commission, a state judicial regulatory agency, and she said a JQC investigator met with Mathis on Wednesday.
Mathis declined to comment as to whether or not he met with JQC representatives, only stating he is not subject to a JQC investigation “at this time.”
“I have no comment as to what the DA has said,” Mathis said. He declined to answer any other questions and deferred any further questions to his attorney Joe Marion.
Representatives of the JQC or Marion could not be reached by phone for comment on Thursday.
Mathis sent the governor’s office and Floyd County Superior Court Chief Judge Walther Matthews a letter of resignation on Thursday, effective the close of the business day.
Matthews accepted the resignation but Chris Shrimpf, a spokesman for Gov. Sonny Perdue, could not confirm whether or not the governor accepted the resignation that afternoon.
Earlier Thursday, Mathis said admitted he may resign but said it would solely be due to “personal reasons.”
Meanwhile, Mathis’ resignation leaves a judicial seat open in Magistrate Court, which will be filled through appointment.
“A magistrate would be appointed by the majority of the Superior Court judges,” said Superior Court Administrator Phil Hart.
There would be an undetermined but short period of time for people to submit their names for consideration of appointment, Hart said.
Floyd County Superior Court Judge Walter Matthews said he did not expect an appointment to take a lengthy period of time.
Mathis was originally elected in 2004 and unopposed for re-election in 2008 and his seat would come up for election in 2012.
The magistrate court essentially is a small claims court, dealing with civil claims that do not exceed $15,000.
The responsibilities of a magistrate judge also include approval of criminal arrest warrants, setting the bond for people arrested on most criminal charges, presiding over violations of county ordinances and perform marriage ceremonies.