Chief judge of the Southwestern Judicial Circuit Rucker Smith was charged with assault following an incident with a former girlfriend in July, 2005. Because the assault occured in Sumter County, which is in Smith's circuit, Colquitt County State Court Judge Richard Kent was appointed to preside over Smith’s trial and Cobb County State Solicitor Barry Morgan was appointed as special prosecutor for the trial.

Rachael Oliver, the judge's 29-year old girlfriend, testified that Smith had choked, dragged, and pushed her to the ground and that she then called the Sumter County police. Smith testified that after finding out about another relationship Oliver was having he confronted her and in the ensuing argument she tried to block him from leaving, at which point he pushed his way out of the house. When Oliver said she would call the cops, Smith agreed to wait for them.

Following his acquital, Smith thanked God and his lawyers. A pending action by the Georgia Judicial Qualification Commission to remove Smith from the bench because of other issues was postponed until the end of the trial