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Horgan recall effort dies in courtFri, 08/28/2009 - 10:41am
By: John Munford
The effort to remove Fayette County Commissioner Robert Horgan from office was dealt a legal death blow in LaGrange this morning. Superior Court Judge A. Quillian Baldwin ruled that Horgan’s May 23 arrest for possession of marijuana was not connected to his position in office and therefore the recall petition was insufficient. That ruling officially kills the recall effort undertaken by Robert Ross of Peachtree City and a committee that was formed to recall Horgan from office. But Horgan's political career is not out of the woods yet. Judge Baldwin suggested that when the criminal case goes forward, Horgan could be forced to resign as a condition of his probation. Baldwin said he has required a previous elected official to do so after they were found guilty of a felony charge. “I think they can do that and I don’t think there’s anything he can do about it,” Baldwin said. Horgan’s arrest by a Fayette County Sheriff’s Deputy happened after he was pulled over for an expired tag on a Saturday evening on his way home from Lowe’s, the court noted. There was no evidence entered at Friday’s hearing that suggested Horgan was conducting any county business prior to the time he was pulled over. Ross has 10 days to decide whether to appeal the case to the Supreme Court of Georgia. He said after the hearing that he will decide later whether to do so. Horgan said after the hearing that he felt “a lot better” and was “a little relieved” about the outcome because it saved county taxpayers the cost of a recall election. If the recall were to be approved, it would actually cost the taxpayers two elections, as a separate election would have been required to replace Horgan. A court date has not been set for the criminal case against Horgan, which includes the misdemeanor marijuana possession charge and also the expired tag charge. During today’s hearing, Horgan’s attorney Christy Jindra argued that Horgan is not alleged to have committed any criminal act directly related to his office. “Mr. Horgan has not stolen any money, has not misappropriated anything, and has not done anything wrong at any of the meetings,” Jindra said. Jindra noted that Horgan was not pulled over for driving erratically nor was he charged with DUI. Former county attorney Dennis Davenport, representing Ross, said there is a connection between Horgan’s arrest and his office as county commissioner. “I represent the issue of eroding the trust of the citizens of Fayette County is apparent,” Davenport said. Later in the hearing, Davenport asked, “Can the public be confident that the commissioner is making decisions unimpeded by illegal drugs?” Davenport also argued that the arrest was connected to Horgan’s duty as a commissioner because of his status in the community as an elected official. “They lose that individual status by choosing to put themselves in the public arena the way they did,” Davenport said. Judge Baldwin pointed out that Georgia law is clear that elected officials who commit felonies can be subject to removal from office. But when the offense is a misdemeanor there is no such direction, he noted. Though it did not sustain the recall effort, Baldwin also ruled that Horgan clearly violated the state’s code of ethics by possessing marijuana. Judge Baldwin also ruled that the marijuana possession did not constitute a violation of Horgan’s oath of office because the oath did not require Horgan to swear he would not commit any crimes. The oath, Baldwin said, requires Horgan to uphold the state and U.S. constitutions, but those statutes are separate from criminal law. After the hearing, recall supporter and former county commissioner Greg Dunn said he felt the arrest has plenty to do with Horgan’s office since the county commission funds the sheriff’s department and its drug task force. Since Horgan allegedly acquired the marijuana from the type of person the task force is looking to arrest “I see a connection,” Dunn said. Ross noted after the hearing that the public’s trust in Horgan will come into play this November as county voters will decide whether or not to approve a new one percent sales tax. login to post comments
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