Court Decision Halts Recall
City Councilman Bobby Jacobs prevailed on all counts in a hearing in Superior Court last week to determine the legal sufficiency of the allegations supporting the grounds for a recall petition.
Judge J. Stanley Smith of Dublin, who took the case under advisement after the hearing, rendered his decision last week, and the order was filed in Superior Court Friday.
The judge determined that the Application for Recall is legally insufficient, thereby halting the recall.
The first fact supporting the grounds for the recall alleged that Mr. Jacobs in his capacity as an elected official has willfully misused public property and abused his power, by illegally using city workers and equipment for personal gain, claiming he used his influence to have city workers work on his private property on or about November 10, 2007.
Judge Smith ruled that the recall statute refers to actions while “holding public office,” being “in office” or violating the “oath of office.” Therefore, the statute refers to after the time a person is sworn into office, not the time of election. Mr. Jacobs was not sworn into office until January 2008, therefore he has not committed a malfeasance as an elected official while in office and this claim for recall is not sufficient, the judge determined.
The second allegation supporting the grounds for recall claimed Mr. Jacobs has a direct conflict of interest in his appointed position of Associate Magistrate Judge of Jasper County, and as an elected City Councilman.
Besides an opinion from the Attorney General’s office stating there was no conflict in holding an elected office and an appointed office, Judge Smith also noted there is a City Judge for Monticello which means city ordinance violations are not heard in the Magistrate Court of Jasper County, finding there was not a conflict of interest for Mr. Jacobs to hold both the elected position of City Councilman and the appointed position of Associate Magistrate Judge “as long as he properly recuses himself when necessary.”
