Recall hearing set for this week
Published 9:08 am Wednesday, September 7, 2022
The recall petition to remove Chairman, Joshua Deriso has been suspended until a hearing in which a judge will rule on the validity of the recall. This hearing is scheduled for Thursday, September 8, 2022 at the Crisp County Courthouse. The litigation began when Deriso filed a lawsuit against the recall. “The recall effort had to pause at the time the lawsuit was served,” said Trae Sims, recall petitioner, “and legally we can not collect signatures until a judge rules on the validity of the recall.” According to the Georgia Public Officers Recall Act of 1989, it states; “during the pendency of the review by the superior court, all other recall proceedings shall be suspended.”
The Georgia Public Officers Recall Act of 1989 also states that “the time for circulating a recall petition after the review of the sufficiency petition shall begin from the date of the order of the superior court or the issuance of recall petition forms, whichever is later, notwithstanding the fact that recall petition forms were issued before the filing of the petition for review of the sufficiency of the recall application.” The valid signatures collected prior to the recall review will be counted if the recall is found to be sufficient.
If the judge hearing the litigation case feels that the recall is sufficient, collection of the signatures and the recall petition process will continue. If the recall hearing finds the recall insufficient no further applications for recall petition can be issued for 6 months from the date of the finding of insufficiency except that any recall petition being circulated or verified at the time of the finding of insufficiency may continue to be circulated or verified according to O.C.G.A. 21-4-14(b).