Lawyers' sparring raises judge's anger
By Sandy Hodson| Staff Writer
Wednesday, July 30, 2008

The judge let it slide that Augusta's internal legal staff showed up 25 minutes late Tuesday but got hot over their reasons for disdaining discovery rules.

U.S. District Judge W. Leon Barfield called Tuesday's hearing a status conference for the federal lawsuit on how the city awards contracts for goods and services. Several business owners and a taxpayer association have accused the city of unfair and illegal purchasing practices, which the city denies.

Plaintiff's attorney Robert Mullins filed several motions recently, complaining that city officials refuse to fully identify potential witnesses, and that city attorneys have blocked him from fully deposing Mayor Deke Copenhaver.

City attorney Andrew Mackenzie countered that the city has cooperated, but Mr. Mullins' request for information about 44 potential witnesses is unreasonable. The city also believes the plaintiffs lack any legitimate reason for questioning the mayor.

"Where under the rules are you allowed to decide what questions the other side can ask?" Judge Barfield asked.

Mr. Mackenzie said the plaintiffs are harassing the mayor with questions about the sequence of events that led to the city's failure to meet its first legal deadline. The questions were already answered, the attorney said.

That, Judge Barfield said, didn't answer his question. He might agree with the city that certain questions are irrelevant, but it's a judge's decision to make, Judge Barfield said.

He ordered the attorneys to let Mr. Mullins finish the mayor's deposition, and ordered them to gather information on potential witnesses that will reduce the requests for additional depositions.

The city's general counsel, Chiquita T. Johnson, complained that the plaintiffs were being purposely obtuse about potential defense witnesses. They are people who deal with the procurement department on a daily basis, she said.

Judge Barfield, who had issued an order regarding those potential witnesses, seemed offended: "Are you actually accusing me of being disingenuous?"

That brought a quick denial from Ms. Johnson, with an explanation that the plaintiffs ask for information in the wrong formats.

Judge Barfield warned Mr. Mullins that federal court rules apply to both sides.

Judge Barfield told the attorneys that he expected a better spirit of cooperation after Tuesday's hearing or he will sanction them personally.

Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.

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