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Jones v. Unified Gov't of Athens-Clarke County

The trial court did not abuse its broad discretion in setting the reasonable and necessary amount of fees incurred as a result of the plaintiffs' attorney's sanctionable conduct under O.C.G.A. § 9-15-14 b.

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Robert Manlove and William Hoffman filed suit against the Unified Government of Athens-Clarke County, Georgia “the County”, and the trial court dismissed the case.1 The plaintiffs and their attorney, Charles A. Jones, Jr., appeal the trial court’s failure to recuse and the imposition of attorney fees and costs against them pursuant to OCGA § 9-15-14 b. We affirm, for the reasons that follow. The record shows that the plaintiffs filed an action for declaratory judgment on January 24, 2008, challenging the constitutionality of a county noise ordinance. On February 19, 2008, the plaintiffs filed a motion to recuse the trial court, and the assigned judge transferred the matter to another judge, who denied the motion on March 21, 2008.

On March 19, 2008, the County filed a motion to dismiss on the basis that the plaintiffs lacked standing. On March 27, 2008, the County filed a motion for protective order and to stay discovery pending resolution of its motion to dismiss. In addition, the County argued that some of the discovery requests were objectionable and oppressive, including the plaintiffs’ deposition subpoena to County Commissioner David Lynn.2 The trial court granted the motion for protective order on April 1, 2008, and awarded attorney fees and costs to the County, with the amount to be determined following the ruling on the motion to dismiss.

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