Friday, December 26, 2003
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Friday, December 26, 2003 |
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PTC judge raises rates, sent packing by council By J. FRANK LYNCH Mitch Powell, the longtime judge of Peachtree City’s Municipal Court, has apparently priced himself out of a job. In a 4-1 vote Thursday night, the City Council agreed to hire Fayetteville attorney Eric K. Maxwell to oversee the city’s traffic court sessions starting in January, after Maxwell submitted the second-lowest fee among five candidates who responded to a “Quest for Proposals.” Maxwell, who already was the city’s substitute judge (known as pro hac vice), estimated his cost to the city at $95 an hour during normal business hours, and $125 an hour when called upon after hours. That works out to an annual cost of about $37,500 based on a 50-week year, according to city staff. Powell, who had served since 1992, estimated his annual court costs over 50 weeks at $62,500, by far the highest among the five proposals submitted. The lowest offer was from Sharon I. Pierce of Fayetteville, at $3,000 monthly or $36,000 for the year. Fairburn’s Carlton H. Jones III estimated his annual fee at $3,400 a month, or $40,800 annually. After Powell, the highest offer came from Stephen M. Kiser of Peachtree City, who proposed charging $130 an hour or $52,000 based on a 50-week year. Mayor Steve Brown, who cast the dissenting vote, took issue with the way the fees for each proposal were presented, some annually, some monthly and others by the hour, and wanted to table action to give city staff time to better compare the offers. But the four councilmen seemed eager to put the matter to rest before the start of the new year, even though City Attorney Ted Meeker said that Powell could continue to serve into January if naming of a replacement was delayed. In a memo to the council explaining the reasons for seeking a change, Administrative Services Director Jane Miller said it had nothing to do with Powell’s performance on the bench. “Cost is the only factor in this decision,” Miller wrote, saying that his $62,500 asking price was “more than the city can afford.” Annie McMenamin, who along with her peers on the council confessed to being friends with both Maxwell and Powell, said regardless of price, the city deserved the best judge it could hire. “We don’t want the lowest-priced judge,” she said. “But we’ll have an excellent judge in Eric Maxwell.” Brown again said his concern had nothing against Maxwell, “I just want to know what we’re paying for.” Police Chief James Murray said the municipal court judge is rarely if ever called on after hours for warrants, bail requests and the like. “We find it more effective to use Fayette County judges” who are on call 24 hours a day for such purposes, Murray said. Plus, said Murray, Maxwell is “much faster in court.” “Judge Powell has a reputation for listening to every comment to be made when hearing a case, and because of that his court sessions do sometimes run long,” said Murray. Before being named city court judge, Powell served as city attorney for Peachtree City for several years during the 1980s. He currently serves as the county attorney for Coweta County.
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