Two East Point City Council members appeared in Fulton County’s highest court Wednesday for a lawsuit that calls into question whether one of them was eligible to run for office.
Nanette Saucier filed a civil lawsuit asking a Fulton County Superior Court judge to determine whether Joshua B. Butler IV should be removed from the Council. Some legal experts have said he wasn’t qualified to run for office last year due to his civil rights not being restored after a computer fraud conviction in 2000.
Butler's attorney, Zahra Karinshak, who is also a state senator representing portions of Gwinnett and north Fulton counties, argued the case should be thrown out, in part because Saucier filed the suit incorrectly.
BACKGROUND | Lawsuit could unseat East Point councilman over old conviction
Saucier, who is not an attorney, is representing herself. She said that having a council member who was ineligible to run puts East Point at legal risk. The conflict between the two has played out during city meetings, including when Butler asked the city to cover his legal fees, which the mayor vetoed.
Judge Kimberly M. Esmond Adams said the possible paperwork error could be easily fixed, and asked Karinshak to answer the basic premise of the lawsuit: Is Butler a convicted felon? And did Butler have his rights restored?
Butler's conviction is from two decades ago when he got paid to help a fraud scheme: A "credit doctor" told victims he'd help them fix their financial history, but really someone working at Equifax was adjusting scores, according to federal court documents. Butler got $500 for each of the nearly 60 credit scores he helped alter. Creditors in North Carolina and Georgia extended or approved about $1.1 million in bad credit.
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Those convicted of certain crimes without later going through the process of having their civil rights restored by the State Board of Pardons and Paroles are not eligible for public office in Georgia.
The State Board of Pardons and Paroles previously told the AJC it has no record of restoring Butler’s right to vote and run for office.
The city clerk’s office does not conduct background checks to confirm candidates are telling the truth on their qualifying forms, the city spokeswoman previously said.
When the judged asked Karinshak whether Butler’s rights had been restored, Karinshak said she didn’t know and apologized.
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“My client is a convicted felon. He did not hide that. When he ran for office it was well known,” said Karinshak, who declined to comment after the hearing.
Judge Adams did not make a decision on whether or not to dismiss the case, but she had more questions for Karinshak than she did Saucier.
East Point has previously refused to say if Butler, who represents the southwest part of the city, would be replaced via a special election or mayoral appointment if he is disqualified. His term is set to end in December 2021.
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