James Williams’ court appeal to stay on House District 151 ballot denied

ATLANTA — Admitting to feelings of “exhaustion,” a tired but happy Gerald Greene drove back to Southwest Georgia Thursday afternoon having won another round in what has turned into a prolonged court battle over a challenger for the House District 151 seat Greene represents.

Fulton County Superior Court Judge T. Jackson Bedford Jr. upheld a ruling by Georgia Secretary of State Brian Kemp Thursday — a ruling that had also been upheld by Administrative Law Judge Ronit Walker — that disqualified would-be Democrat candidate James Williams from seeking the seat that Greene, a Cuthbert Republican, has held for the past 33 years.

“I know what you’re going to ask: Is it final?” Greene said. “I don’t know. All I do know is that I am exhausted. I’ll let my attorney (Anne Lewis) fill you in on the judge’s order, which she’s been instructed to write, but I do know that in his ruling the judge said, ‘It is 100 percent certain that you do not live in this district.’

“That’s been our contention all along. State law prohibits anyone living outside a (state House) district from representing that district.”

Lewis, a partner in the Atlanta-based Strickland, Brockington, Lewis firm, said that Thursday’s hearing should have cleared up any remaining questions Williams or his attorney, Maurice King of Albany, had about the ruling.

“The judge provided a full, fair hearing, one that went from around 11:30 (a.m.) to 2 o’clock (p.m.),” Lewis said. “He listened to everything Mr. King had to say, but what it ultimately came down to was that Mr. Williams does not live in House District 151. Even if, by some miraculous turn of events, Mr. Williams was allowed to stay on the ballot and he won, by Georgia Code and the state Constitution, he would be removed from office.

“One of the exhibits we presented at the hearing was a map that clearly shows Mr. Williams’ address is not in the district.”

Lewis said Bedford listened to every argument King offered.

“He clearly read everything (in previous rulings) and allowed Mr. King to pursue all arguments,” Lewis said. “But he rejected them all.”

Williams, a former Albany police officer, qualified to run for the HD 151 seat as a Democrat, but he was disqualified by Kemp when a check of records showed that Williams does not live in HD 151. His Shady Glen Lane residence was moved into House District 154 with redistricting based on the 2010 census.

Represented by King, Williams challenged Kemp’s ruling, but Walker upheld the ruling in May. Thursday’s court hearing was an appeal of Walker’s ruling.

“I’ll have to see what the judge’s order says, but it looks like he plans to uphold (Walker’s) decision,” King said as he drove back to Albany from Thursday’s Fulton County hearing. “Certainly, Mr. Williams has an opportunity to appeal this ruling to the Supreme Court of Georgia, and he’s got 30 days to do so.

“We’ll see what the judge’s order says and decide then. The judge could accept the order (as written by Lewis) or he could reject it or alter it. We’ll see what it is and make a decision.”

Lewis said that King objected to Bedford’s ruling that Lewis write the order, a typical courtroom procedure, so the judge offered King the opportunity.

“The judge told Maurice he could submit the order, but he would have to include in it what the judge told him to put in it,” Lewis said. “That’s essentially what I’ve been instructed to do. The judge makes a ruling from the bench and typically instructs the attorney on the side that prevailed to write the order, with specific instructions. He can edit it or adopt it as is.

“The bottom line is that Mr. King argued specific points about constitutional law, and the judge rejected all of them. There was no constitutional violation.”

Noting that he’s heard “more political cases than anyone else in this region,” King said he didn’t feel Bedford understood the law as it applies in a case like Williams’.

“I’ve done this before, more than anyone around here,” King said. “My position, the position I believe the Constitution supports, is that once Mr. Williams was approved (as a valid candidate), he should be allowed to continue his run. I think the law is clear on that. I hope the judge, when he considers the order, sees it that way. We’ll see.”

Even if Williams does not challenge Thursday’s ruling, Greene still has an opponent in the Nov. 8 general election for the HD 151 seat. The Rev. Kenneth Zachary, a former Arlington City Council member and the pastor of three Southwest Georgia churches, qualified to challenge Greene as an independent candidate. Zachary has received the backing of the state Democratic Party.

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