Arrington v. Satcher

Summary

The Georgia Court of Appeals reviews Marvin Arrington, Jr.'s petition for a writ of mandamus against members of the Fulton County Board of Ethics. The court vacates the trial court's ruling concerning the alleged violation of the Fulton County Code of Ethics because the ordinance was not properly presented, but affirms the denial of prospective recusal relief as speculative.

Holdings

1. A court cannot adjudicate a claim or defense based on a county or city ordinance unless the ordinance is properly alleged and proven, including by production of the original or a certified copy. Because Arrington failed to include the governing ordinance, the appellate court could not consider his claim and vacated the trial court's ruling insofar as it adjudicated the alleged ordinance violation.
2. The trial court did not abuse its discretion by denying mandamus relief requiring the appellees to recuse themselves prospectively from all future ethics matters involving Arrington because he could not establish a clear legal right to relief based on alleged wrongful conduct that had not occurred and might never occur.

Questions Presented

1. Whether the trial court erred in denying mandamus relief requiring the appellees to hold a hearing on Arrington's ethics complaint under the Fulton County Code of Ethics when Arrington did not include a certified or other copy of the governing ordinance in the appellate record.
2. Whether the trial court erred in denying mandamus relief requiring the appellees to recuse themselves prospectively from all future ethics matters involving Arrington based on an alleged conflict of interest.

Disposition

other