Clayton County Sheriff Victor Hill notched another win Monday when a judge dismissed a lawsuit brought to force the governor to initiate a process that could have led to the law enforcement officer’s suspension while 32 felony counts are pending against him.
But that’s not the end of efforts to get Hill suspended.
Fulton County Superior Court Judge Kelly Lee’s decision most likely will be appealed to the Georgia Supreme Court, said the attorney for James Buckman, the Clayton County man who brought the lawsuit. Buckman filed the suit the day after Gov. Nathan Deal said he would not appoint a three-person panel to recommend whether Hill should be temporarily removed from office.
“This is probably not the last time this will happen,” said Page Pate, Buckman’s attorney.
The issue concerns a state law that requires the governor to appoint a panel to recommend whether an indicted official should be suspended while criminal charges are pending. Deal said in January that he would not name a panel because Hill was under indictment when he was elected; the charges relate to the first time Hill was in office, from Jan. 1, 2005, to Dec. 31 2008.
A grand jury indicted Hill in January 2012 on 37 charges, including racketeering and theft. A judge later dismissed five of those charges involving the use of campaign funds for personal gain. That decision is now before the Georgia Court of Appeals.
The remaining counts accuse Hill of using the Sheriff’s Office’s cars and credit cards for himself and requiring employees to work on his failed 2008 re-election campaign and his charity events during work hours.
Hill has said he is not guilty.
If Deal were to appoint a panel, under Georgia law it would consist of the state attorney general and two peers of the elected official — in this case, two sheriffs. If the panel recommended suspension, it would still be the governor’s decision.
Deal said he would not interfere with the decisions of voters to choose Hill over the incumbent and six others in the Democratic Party primary last summer and a write-in candidate in the November election.
“I don’t think it (the law) applies to prior to Mr. Hill taking office,” Lee said.
When the Legislature crafted this particular law more than 40 years ago, it did not anticipate voters choosing someone who was under indictment, as Clayton County voters did with Hill, Lee said.
Pate agreed.
“I don’t think the Legislature ever envisioned the public electing someone sheriff even after they have been indicted,” Pate said.
This is the first time Georgia voters have ever elected a candidate under indictment.
Senior Assistant Attorney General Stefan Ritter said the governor had no choice in this instance.
“This statute was not intended to apply to an official elected after he was indicted,” Ritter said. “That was the will of the people of Clayton County. It’s been plain from our statements (that) we are not going to suspend Sheriff Hill.”
Critics of Hill have said there are three laws that should have led to his suspension but didn’t because of the unique circumstances.
Two state laws allow the governor to suspend an indicted official; one applies specifically to sheriffs. A third law requires all new sheriffs be certified as law enforcement officers within six months of taking office. Hill has maintained his state certification since he was a homicide detective with the Clayton County Police Department and even during the years between his two terms as sheriff. But his certification was suspended when he was indicted.
Even though he is sheriff, Hill cannot make arrests or serve warrants without active certification by the Peace Officers Standards and Training Council.
No trial date has been set while the state Court of Appeals considers the decision to dismiss five of the charges against Hill. The appellate court’s decision is expected by July 31, but that ruling could be appealed to the Georgia Supreme Court.
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