They're having to research any information that he requests, and if there's information my attorney needs, they have to stop and research that. Both Mayor Hinely and Brackett hope the judge finds Hawks' reasons insufficient for a recall. If so, the city would cover their legal expenses. Until recently, the reasoning behind a recall didn't matter as long as enough people signed the recall application and petition, said Jim Grubiak, legal counsel for the Association County Commissioners of Georgia. The state legislature changed the recall act in 1989 and again in the mid-1990s, he said, allowing the officials being recalled a better chance to defend themselves.
Judges now hear evidence in determining whether laws have been broken or oaths of office violated.
Grubiak said recalls are designed to be difficult. Unfortunately, sometimes people get caught up in an issue that's very emotional. Grubiak acknowledges there are often genuine differences of opinion about how politicians perform, and that complicates the issue. That's true in both Reidsville and Port Wentworth. Because there are so many steps to recalling an official, the process takes months, said Ann Hicks, the lead election coordinator in the Secretary of State's office.