Macon judge named to hear Darr, Pierce suits against city

Bibb Superior Court Judge Howard Simms has been named to replace the judge who stepped down in the three lawsuits filed against the city by elected officials, City Attorney Clifton Fay confirmed Tuesday.

Simms, 52, replaces Stone Mountain Superior Court Judge Hinton Fuller, who recused himself in January to take care of his ailing wife, he announced.

For now, Simms is appointed to hear only the lawsuits filed by Sheriff John Darr and Superior Court Clerk Linda Pierce. The other lawsuit, filed jointly by Marshal Greg Countryman and Municipal Court Clerk Vivian Creighton-Bishop, is currently before the Georgia Court of Appeals and could be returned to Superior by that panel. In that case, it could be assigned to Simms or another judge.

Simms was first elected to the bench in 2010 and was re-elected without opposition in 2014. His undergraduate and law degrees are from Mercer University in Macon. Prior to being elected to the court, Simms served as the circuit’s district attorney.

The four elected officials filed their three lawsuits in late 2014, claiming that the Consolidated Government does not budget enough money for them to carry out the obligations of their offices. They also allege irregularities in the way Mayor Teresa Tomlinson and Columbus Council prepare the annual budget for the city.

In addition to its legal fees, the court ruled that the city must pay Darr’s and Pierce’s legal fees because they are constitutional officers. The city is not obligated to pay fees for the other two because they are not constitutional officers.

Since the lawsuits were filed in late 2014, the city has paid has paid attorneys for Darr and Pierce $540,552.

The city has paid its attorneys fighting the three cases $1.32 million, bringing the total for legal fees in the cases to $1.86 million.

This story was originally published February 23, 2016 at 3:27 PM with the headline "Macon judge named to hear Darr, Pierce suits against city."