News

Cobb judge recuses himself from Braves stadium bond hearing

By Todd C. Duncan
July 2, 2014
A Cobb County Superior Court judge has recused himself from the validation hearing for bonds to help pay for the new Atlanta Braves stadium citing a conflict of interest.
Judge C. LaTain Kell Sr. acknowledges in a court order dated June 30 that he is an appointed board member of the Cobb County Chamber of Commerce.
“The court believes that it is of utmost importance that any hint of impropriety or partiality with respect to the judicial officer who hears the case be taken in consideration,” Kell wrote in the order.
Another judge will be assigned to the case.

Kell, assigned to the July 7 hearing, serves as a “special appointee” to the Chamber’s board of directors. The chamber has 28 special appointees, which are voting members of the board, including Braves executive vice president Mike Plant.

In addition, Kell’s mother, Carole Kell, worked as chairperson for Lee’s 2012 re-election campaign.

Cases are assigned to Superior Court judges randomly by computer, according to a spokesman with the court clerk’s office.

Cobb commissioners have authorized up to $397 million in bonds for the stadium project.

Validation hearings are meant to assure investors that government bonds are legally issued and that the debt is binding. They are typically routine steps, although it is possible to contest the bond issuance with a legal filing, called an intervention.

About the Author

Todd C. Duncan is the Senior Editor for Recruitment & Staff Development for The Atlanta Journal-Constitution

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