Wednesday, November 18, 2009
This just in: St. Marys in the market for a new city attorney.
It turns out that our current city attorney of just a few short months, Alex Atwood, also serves as a magistrate in Glynn County. It seems he has just recently discovered that there is some prohibition (state law, I assume, or perhaps a bar rule) which prohibits him from holding both positions. He either has resigned or soon will resign as city attorney in favor of keeping the magistrate position. More definitive details as soon as I get them.
Update at 7:32 PM. And now I have those definitive details from Councilwoman Hase who called me as soon as she read this post. My informant did not have it quite right. It turns out that he can continue to be the city's attorney, only he can't perform one of his current duties. It turns out that due to a ruling by Judge Amanda Williams, SMPD officers can no longer present the charges in municipal court on tickets they have written. A city "solicitor" (normally, the city attorney) must present the case. However, as a sitting magistrate in Glynn, it would be improper for Mr. Atwood to act as St. Marys solicitor. Councilwoman Hase tells me that council is very satisfied with Atwood's performance to date. The current game plan is to keep him and hire another attorney as the "solicitor." The second attorney's sole duty will be to present cases brought by the SMPD. Now, I know what you're thinking. However, it turns out that, unlike his immediate predecessor, this city attorney is NOT a city employee. He is used on an ad hoc basis and bills by the hour. He is NOT on salary. Ditto for the new solicitor, whoever that turns out to be.
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10 comments:
Yes his cover has been blown. He is a good guy but the wrong group (inner circle) wanted him as the Attorney for all the wrong reasons. Some in the outside circle feared this may also be a set-up against Shirley. So the outside group decided they would'nt take any chances and OUTED this guy.
Who is "Shirley?"
Who all comprises the "inner circle" and what were "all the wrong reasons?"
Are there any Bildebergers or Trilateralists involved?
What possible conflict would a part time job in Glynn County have with a part time job in St. Marys.
Atwood probably just did not want to be solicitor as that job does piss off a large number of potential clients.
Whatever it takes, protect LaVerne and Shirley .
I think the Goddess has it wrong Jay. The ruling is probably that the officers can not present cases on citations in Superior Court not Municipal Court. Any case in Municipal Court can be bound over to Superior Court. Believe it or not, she may be wrong.
Why does St.Marys need a Solicitor to prosecute an officers misdemeanor traffic ticket? The officer can do it just as the County Deputy or State Trooper prosecutes thier own cases in Prbate Court on a County Judicial level. Look at the money saved by the City of St.Marys then. If an Attorney is needed bond the case over to Superior Court and then have a part-time Attorney to represent the City cases. This would be much more efficient and faster. Who knows the case better than the officer who made it anyway
I've got an e-mail in to Chief hatch now to clarify whether this solicitor business applies to to SMPD cases presented in municiple court, superior court, or both.
In every other jurisdiction I've ever had experience with, the arresting officer or officer issuing the ciotation presents the charges himself in what is called recorder's court in Chatham County and munciple court here. In state court, the case has alwaus been presented by an attorney (from the DA's office, in Chatham), with hte officer generally present for testimony.
I assumed that Commissioner Hase was talking about St.Marys municiple court because I also assumed that an attorney has ALWAYS been presenting the cases in superior court. We'll know as soon as Chief hatch gets back to me.
No, as you can see from my e-mail to Chief Hatch and his answer, she had it exactly right. I don't really get it though. I've never seen that requirement anywhere else in Georgia that I'm familair with.
E-mails:
Mr. Moreno,
Your information is accurate, the City Attorney will not be serving as City Solicitor in our Municipal Court. A selection process for a Solicitor is being managed by the City Manager and the Human Resources Director. With regards to the Solicitor serving as prosecutor in Superior court I can say this; this is a function of the District Attorney’s office, and the City Solicitor was not tasked with prosecuting cases in Superior Court to my knowledge.
I hope this sufficiently answers your questions. Let me know if I can assist you in anything else.
Respectfully,
Tim Hatch
From: Jay Moreno [mailto:jaymor@tds.net]
Sent: Thursday, November 19, 2009 9:38 AM
To: Tim Hatch
Subject: City attorney acting as solicitor.
Chief,
Someone informed me late yesterday that because the city attorney is a magistrate in Glynn County, he cannot continue to act as "solicitor," presenting charges brought by SMPD officers in court.
Question: Does this apply to municipal court or superior court or both.
Thanks
Jay Moreno
Shirley meaning Shirley Wise and her bid for Judgeship.
Inner circle meaning the person(s) who now wants him to retain his position and hire additional staff to handle conflict of interest.
You know, Shirley Wise was my first thought when I read "Shirley," but I thought that surely the commenter could not be confusing the COUNTY PROBATE COURT with the St. Marys MUNICIPAL COURT. Apparently, I was wrong.
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