Judge to hear suit challenging Gwinnett ethics board’s existence

Tommy Hunter's lawsuit over the legality of Gwinnett County's ethics board will be heard in court Monday afternoon — less than 24 hours before said ethics board is slated to announce its decision in the embattled commissioner's case.

Hunter had declined to participate in the now four-month-long ethics complaint process — which stems, in part, from his Jan. 14 Facebook post calling U.S. Rep. John Lewis a "racist pig" — until Tuesday, when he hired attorney Dwight Thomas. The next morning, on the same day as a long-scheduled ethics board hearing, Thomas filed a lawsuit arguing that the board was unconstitutional.

His argument echoed the one he recently used to successfully challenge DeKalb's ethics board: that using private organizations to appoint public officers, like the members of the ethics board, represents "an unconstitutional delegation of power." Two of Gwinnett's ethic board members, chairman David Will and vice chairman Charles Rousseau, were appointed by private organizations.

Thomas’ suit was not considered by Gwinnett County Superior Court Judge Melodie Snell Conner before Wednesday’s ethics board hearing. The board continued with its proceedings and reached a decision on Hunter’s case, but will not formally vote on it — or announce what it is — until another meeting scheduled for 11 a.m. Tuesday.

A hearing regarding the lawsuit will now be held before that happens — at 2:30 p.m. Monday. It is unclear if Conner plans to make a ruling on the suit Monday, but if she does, and if she rules in favor of Hunter and his attorney, it would likely put a halt to the ethics board’s proceedings.

Even if Conner doesn’t rule on the lawsuit until a later date, her decision could invalidate whatever actions the ethics board chooses to take in the Hunter case.

If the board were to sustain the complaint against Hunter, the possible penalties it could recommend include only “written warning, censure or reprimand to be issued in public.”

Thomas’ suit names the ethics board, Will and Rousseau as defendants. R. Read Gignilliat, who has served as the ethics board’s attorney since its assembly, will represent them during Monday afternoon’s hearing.