Smart judge - Lets clear the air so there will not be any doubt as to who is kin to who, etc. or who has won bids and who hasn't.
A Richmond County Superior Court Judge assigned to an Open Records lawsuit against the city has recused himself from the case.
Although Judge Carl C. Brown Jr. concluded the allegations about possible connections between him and the city's Procurement Department are incorrect, he decided Thursday to remove himself "to avoid even the slightest appearance of impartiality."
The lawsuit was filed by the Association for Fair Government against the city of Augusta.
The association filed suit in October 2007, alleging attempts to review public records in the city's Procurement Department were being delayed and blocked.
The Augusta Chronicle joined the lawsuit, making similar complaints about access to public documents. The newspaper dropped its legal challenge in May when access to the records improved.
The association continued its legal case, pushing to obtain records about purchases that are made without commissioners' review. City ordinances allow some purchases -- those under $5,000, those from a sole source and those needed in an emergency situation -- to be made without commission approval.
Judge Brown ruled against the association, finding the city was not responsible for compiling data.
The association is appealing that decision, contending the purchasing records are available without any need for compiling data.
Last month the association amended its motion for a new trial, raising the recusal issue.
According to the petition, the plaintiffs believe Judge Brown is a distant relative of Procurement Director Geri Sams, and that the judge has relatives and acquaintances who have provided goods and services to the city, sometimes outside of a bidding process.
Judge Brown wrote in his order this week that he is not related to Ms. Sams by blood or marriage in any degree.
The judge also wrote that he has no knowledge of any relative or acquaintance who won procurement projects without competitive bidding.
Because of Judge Brown's recusal, the case will be assigned to another Superior Court judge.
Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.
Comments
Smart judge - Lets clear the air so there will not be any doubt as to who is kin to who, etc. or who has won bids and who hasn't.
Good now hopefully they can shop around and find a Judge they like. Hopefully they are not from here that way their 20th degree Cousins will not get in the way.
This is one of the most important lawsuits ever in Augusta. Having transparency and open records will go a long ways in preventing corruption in the city procurement processes.
Good fpr Judge Brown. I believe he is a honest and decent person.
I have never heard of a Judge recusing himself, if the facts were in his favor. I used to think he was being truthful, now I am not so sure!
HYPOCRITES 08 are you issuing pruchase orders for the city or are you getting them...why would you care if someome or a group wants to watch how the city spend our tax money
At least the judge is honest. For a judge to recuse him/herself from a case when there is a question of familial or friendly relationships with individuals involved in that case shows that the judge is in favor of a fair trial--the facts do not have to be in his/her favor or against the judge as you suggest dissman.
Good move judge. Providing documents is NOT compiling data. Perhaps the Judge didn't understand the difference.
Mabel8 all i said is I have never heard of a Judge deciding, HMMM the party to this action dosen't trust me, so, even though I have never done anything they suggest, I'll just recuse myself. Then everybody will be happy. P.s. if we take a contract that is should be let as a total package of say $30.000 and wesplit it up into 7 parcels of say $4,500 and contract it out is that legal. How about the money we give to non-profits for use to improve or maintain city facilities, do they have to follow the $5,000 city guide lines for bids? Be careful of what you say, I personally know the answer!!
The judge's quote, if correct, shows just how stupid he must really be. I would think a judge would WANT to be impartial not try to avoid it.
watch your mouth imho
imho -- good observation. Either the judge is illiterate or the reporter is illiterate. Uh oh, I forget the most likely alternative -- "both."
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