COURT HALTS RECALL EFFORT AGAINST FAYETTE COMMISSIONER

A Superior Court judge on Friday halted a recall effort against a
Fayette County commissioner charged with marijuana possession, saying
the alleged crime is not connected to his official duties.

At the end of an hourlong hearing, Judge A. Quillian Baldwin Jr. said
he didn’t approve of Commissioner Robert Horgan’s behavior, telling
Horgan that “when you do these kinds of things it cuts down on your
credibility and trust.”

But state law says recall efforts must be based on activity directly
related to an official’s performance in his public job, Baldwin said.

Baldwin told Robert Ross, a leader of the recall drive: “I’m sorry but
it has to be connected to his work.”

A recall election might have removed Horgan from office. After the
hearing, Horgan said he was relieved to win the case and glad
taxpayers didn’t have to pay for such an election, which Horgan’s
lawyer said would have cost about $150,000.

Ross said he doesn’t know whether the group will appeal. It has 10
days to decide.

Horgan, 45, was arrested over the Memorial Day weekend during a
traffic stop. He was charged with misdemeanor possession of marijuana
and having an expired tag, but he didn’t have to step down from his
post on the County Commission, which he has held since 2006, because
the charges are not felonies.

Horgan apologized but said he wasn’t going to quit.

Harold Bost, a former commissioner, urged Horgan to resign and started
the recall drive.

The Committee to Recall Robert Horgan collected more than 100
signatures on a recall application, enough to seek permission to start
the actual recall petition. That’s when Horgan’s lawyer stepped in and
asked the judge to consider whether legitimate grounds existed for the
recall. If the recall had proceeded and 21,000 registered voters
signed petitions, a recall election could have been held.

Horgan’s lawyer, Christy Jindra, argued that his client made a “poor
judgment” but didn’t steal public money or do anything wrong at public
meetings.

“It simply didn’t relate to his office,” Jindra said.

The lawyer for the pro-recall forces, Dennis Davenport, argued that
Horgan’s arrest created public distrust and hampered his ability to
function in public.

“That bad judgment ... is certainly closely connected to him as a
commissioner,” he said.

Because Fayette officials recused themselves, Baldwin handled the
case. The Clayton County solicitor will prosecute the criminal case,
and three county attorneys employed outside Fayette will hear an
ethics complaint. No dates has been set for those hearings.