CORONAVIRUS

Augusta officials press forward with appeal of judge’s order

Sandy Hodson
shodson@augustachronicle.com
The former Joint Law Enforcement Center at 401 Walton Way.

In a motion filed this week, attorneys representing the city of Augusta laid out reasons why the city should not be financially and otherwise liable for what it sees as millions of dollars in unexpected expenses.

The city is asking the Georgia Court of Appeals to void an order signed by Superior Court Chief Judge Carl C. Brown Jr., on July 24 that demanded it pay for and renovate the abandoned 401 Walton Way law enforcement center and the Craig-Houghton Elementary School for judicial space.

Under the umbrella of the judicial emergency that all of the state’s courts have been under since the March explosion of the COVID- 19 pandemic, Brown outlined a timeline of 330 days for the city to pay for the architect, asbestos abatement, replacement of walls and windows and roof, and the refitting of mechanical, electrical, plumbing and engineering at 401 Walton Way -- a renovation project that was estimated to cost $27 million a decade ago, according to the city’s motion filed Tuesday.

The cost of renovating the former elementary school closed in 2018 is unknown, but city attorneys question Brown’s order to renovate a building the city doesn’t own, or as Brown demanded in his order, trade city property to the school board in exchange for Craig-Houghton, and complete renovations within 90 days.

What exactly the renovations will be is unclear except for the pressing need Brown cited, additional space for jury trials -- which are not allowed by order of the Georgia Supreme Court chief justice, the motion notes.

Brown’s orders also mandates the city turn over both properties paid for by taxpayers to a group of private individuals Brown appointed as receivers.

The city’s motion deems Brown’s order as overreaching the authority given by the law governing judicial emergency.

While the law allows for the designation of another facility for judicial use, the other facility must be “reasonable accessible and appropriate” in the event the current courthouse cannot be used, according to the city’s motion. The city notes the Augusta Richmond County Judicial Center and John H. Ruffin Jr. Courthouse is currently open, accessible and in use.

The city’s motion also contends Brown’s order cannot exceed 30 days, that only the Supreme Court chief justice can extend the judicial emergency order for as long as the public health emergency exists as declared by the governor.

The city seeks an immediate hearing before the appeals court, noting Brown’s deadlines and a Sept. 16 hearing that Brown ordered city leaders to attend.

Designated receivers

The people Judge Carl C. Brown Jr. has designated as receivers of public property he ordered renovated for court use:

Jim Hull, Dan Troutman, Charles Larke, Dr. Joseph Hobbs, Bishop Rosa Williams, Bunny Simon Williams, Rev. Vivian Hambrick, Rev. Larry Fryer, Bobby Hankeroon, Rev. Angela Harden, Corey Rogers, and Rev. Minnie Davis.