attorney fees denied in henry ficklin's election lawsuit | News
A Superior Court judge denied the request for attorney fees and expenses involved in the lawsuit that challenged the outcome of the District 2 seat on the new Macon Bibb consolidated government.
But in his ruling, Judge Stephen E. Boswell awarded $525 in court costs to losing candidate Henry Ficklin.
Last year, Ficklin and Larry Schlesinger both ran for the District 2 seat on the new Bibb County Commission. Both men are former Macon city council members. Schlesinger won by 26 votes.
So Ficklin challenged the outcome in court. In the suit, Ficklin noted that more than 50 District 2 voters who lived in Overlook Garden Apartments were given ballots for the District 3 commission.
Because of the problem, Boswell tossed the results and ordered a new election. But during the hearing, Ficklin's attorneys asked for attorney fees and expenses in bringing the action.
In his Feb. 11, Boswell noted that in order for the attorneys to recover their fees and expenses, the lawsuit would have to be without merit and frivolous. Boswell noted that wasn't the case.
Because Ficklin won his challenge and a new election was ordered, Boswell wrote that Ficklin was entitled to the $525 court cost.
Schlesinger won the seat in the new election and took office in January. He declined comment on Boswell's ruling, saying he hasn't discussed it with his attorneys.
Ficklin said his attorneys filed for their fees and expenses, not him. But he welcomed getting the $525 in court costs.
Schlesinger said he would pay the $525 himself and not ask the board of elections to pay.