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Superior Court rules against Warren County BOE members

ATLANTA, Ga. -- Three incumbent members of the Warren County Board of Education want to stay in office. And they are willing to stand up to whatever challenges might come their way.

They are Clara B. Roberts, Cecil Brown and Charles Culver.

All three appeared before Fulton County Superior Court Judge Henry Newkirk in Atlanta on Friday to learn the fate of an injunction they filed hoping to end any effort of ousting them from office.

The injunction was filed on their behalf by Atlanta Attorney Brian Watkins.

Judge Newkirk ruled against them.

The three school board officials were supported in their quest by Warren County residents Emily Massey, Foster Moss and David Myrick.

The group's effort was aimed at challenging the constitutional authority of Georgia Gov. Sonny Perdue to remove them from office because of their conduct as elected officials, according to Rob Fortson, an Atlanta attorney representing a separate group of residents from Warren County.

"Their claim was to challenge the constitutionality as it relates to the removal provision," Mr. Fortson said in a telephone interview with The McDuffie Mirror .

Stefan Ritter, a representative from the Georgia Attorney General's Office, attended the hearing, which lasted about an hour and half.

The ruling by Judge Newkirk cleared the way for Monday's hearing in the Office of State Administrative Hearings Judge John B. Gatto.

He will determine whether a group of residents -- some of whom include John and Carolyn Martin and William Downs -- have proven their case against Mrs. Roberts, Mr. Brown and Dr. Culver.

If the case this week goes against Mrs. Roberts, Mr. Brown and Dr. Culver, it could mean them being ousted from office by Gov. Perdue sometime soon. On the other hand, if there is insufficient evidence to oust them, they will remain in office.



Web posted on Thursday, July 08, 2010













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