Judge upholds disqualification of 2 sheriff candidates

A judge has rejected appeals from two Muscogee sheriff candidates disqualified after they missed a deadline to submit fingerprints for a criminal background check.

“I have reviewed the Court file and considered the argument made by you on Tuesday,” Judge J. Richard Porter III of Cairo wrote in an email to the attorneys involved. “I have determined that the decision of the Board of Elections should be affirmed.”

Porter was appointed to hear the appeals from Democrats Pam Brown and Robert Keith Smith so local judges would not appear to be influencing elections. The Muscogee County Board of Elections voted three to one to disqualify the two after a March 30 hearing.

The candidates appealed to Superior Court, and Porter held a hearing Tuesday for each side to present arguments, after which the judge asked the attorneys to submit proposed orders for him to sign.

The elections board was represented by Alex Shalishali of Page, Scrantom, Sprouse, Tucker & Ford, whose proposed order Porter chose to sign.

“Accordingly, the orders in each case submitted by Mr. Shalishali … have been signed and are being mailed to the Clerk for filing. I have requested that the Clerk's office provide all counsel with stamp-filed copies of the respective orders,” the judge wrote in his email.

J. Mark Shelnutt, who represents Brown, said Thursday that he would advise his client to take the case to the Georgia Court of Appeals.

Smith’s attorney, Alfonza Whitaker, said his client is “disappointed and frustrated” not only by the ruling but by the qualifying procedure, which he found to be confusing and misleading, having been given inaccurate information as he tried to meet all the requirements.

With early voting starting May 2, Smith doubts he has time left to mount an effective campaign, so he will not appeal, Whitaker said. Instead Smith will support Brown: “He believes in her and believes she would be a good candidate and a good fit for the sheriff’s office,” particularly in light of the diverse constituency the office serves, Whitaker said.

The board disqualified Brown and Smith after they failed to submit fingerprints for a criminal background check by a March 16 deadline. The law says those fingerprints must be submitted within three business days after the end of qualifying, which concluded March 11.

Brown and Smith said they tried to comply, but were unable to. Brown said no technician was available to take her fingerprints when she went to the police department about 4:45 p.m. March 16. Smith said he was misled by confusing and erroneous information given him by party leaders and public officials.

If Porter’s decision stands, it eliminates a contested Democratic Primary for sheriff, leaving former sheriff’s Capt. Donna Tompkins as the sole candidate. Darr has said he will run as an independent. His only other challenger is Republican Mark LaJoye, so the race would be decided during the November general election.

This story was originally published April 21, 2016 at 2:05 PM with the headline "Judge upholds disqualification of 2 sheriff candidates."