Judge upholds elections board decision on Eberhart

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Friday, October 21. 2011

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Superior Court Judge Joseph Booth on Friday morning upheld the Oct. 4 decision of the Barrow County Board of Elections & Registration to affirm the residency of Winder City Councilman Charlie Eberhart.

At the end of an hour-long hearing on the appeal filed by Eberhart’s political opponent, Jim Cooley, the judge said there is “ample evidence” to support the soundness of the board’s decision, and he said the court “will not substitute its judgment for the board of elections…”

Little actual evidence was presented at the hearing in Barrow County Superior Court. The judge spent about 10 minutes going through the “unofficial minutes” of the BOE’s earlier hearing and spent most of the rest of the hour listening to arguments about several motions made by Eberhart’s attorney, Lauren Ellison.

She asked the court to dismiss Cooley’s claim because he had not followed the correct legal procedure in filing his appeal. She also asked the court to dismiss any claim that Eberhart should be taken off the Nov. 8 ballot, and she asked that the board of elections be named a party to the action. Then she presented a fourth motion asking the judge to throw out all of Cooley’s evidence, because he had not laid the proper legal foundation for introducing it.
Cooley, who argued his own appeal, said he had followed the instructions of the BOE’s attorney about where to appeal the board’s decision.

He also told the judge that although he had sent copies of his appeal to the parties on Oct. 6, he had not seen any of the motions that Ellison had filed this week or had just brought to the hearing.

Ellison said last week’s unexpected re-scheduling of the hearing 10 days before the original Oct. 31 date had not allowed her enough time to get all of her motions written and mailed prior to the hearing. She completed her fourth motion Thursday night and brought it, not yet filed in the clerk’s office, to the court.

The judge did not rule on the motions but simply listed the grounds the court could consider in throwing out the board of elections’ decision. He asked Cooley if he had any evidence based on those grounds.

He also allowed Cooley to make any major points he would provide evidence for if a full hearing were conducted.

In the end, the judge agreed with Ellison’s argument that he had to consider the decision of the elections board to be “presumptive.”

After the hearing, Eberhart declined to comment. Cooley said he believes the judge erred and he said he would take the case to the Georgia Supreme Court if necessary.

Less than an hour later, he sent the newspaper a copy of a request he sent to Winder city administrator Don Toms asking that the City of Winder government “challenge Mr. Eberhart’s qualifying application” because the living quarters the councilman says he has inside his funeral home on King Street does not meet the minimum standards for a “dwelling” in the city code.

“Mr. Eberhart’s staff lunchroom does NOT meet the city of winder code to be qualified as an Apartment. Therefore violating winder city code and falsifying his (candidate) qualifying application,” Cooley wrote to Toms.

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#1 come on on 10/21/11 at 01:03 PM [Reply]

Enough Mr Cooley. You have been given your days in court and have lost. Can you not just go out and try to beat the man in an election? You are making yourself look bad. I was (might still be) a supporter but this is getting old.

#2 Beth on 10/21/11 at 01:09 PM [Reply]

Where is mr. eberhart's vehicle registered? THAT should be one of the deciding factors. Also, that Funeral Home is a business, not a home address, and therefore is not eligible to be used as an address to vote.
We ALL know what the bottom line is here.....Eberhart is one of the "Good Ole Boys" and therefore untouchable.
Good luck getting ANY help from The City of Winder, They have had PLENTY of mistakes, and shady dealings lately. They just want it to ALL go away!
I applaud Mr. Cooley for having the guts to stand up to expose a wrong in the system, and I hope that he does, in fact, take this all the way to the Supreme Court!We ALL know Eberhart does not live in Winder.
Mr. Cooley had the "audacity" to stand up to the GOB, and that scares the H*@L out of them!

#3 well on 10/21/11 at 01:12 PM [Reply]

i would vote for mr cooley but not if he keeps dragging this into court after court hearing after hearing, only because I dont think person running for election should be one to make the extra spending defending that there will be an election and that the only thing here would be would it be contested or not contested

#4 right on beth on 10/21/11 at 05:19 PM [Reply]

As I see what happened in court is Judge Booth just opened the door for all members of the business community to use their business address to register to vote. All he did was take our votes away from us. You have the power, as a voter to stop this. I agree with everything that Cooley has done! Exposing what's been wrong with this city for over 20 years and now Thompson tried to fix the election by secretly contesting almost 3,000 voters just to win an election? Its time everybody opens up their eyes. Keep up the fight Cooley, you are doing a great job!!!

#5 John Galt on 10/21/11 at 10:08 PM [Reply]

Please. Superior Court Judges have ruled TWICE against Cooley. And you want us to believe judges are part of the "Good Old Boy network"? There must be ghosts behind every window.

What some people say....

#5.1 Anonymous on 10/21/11 at 10:21 PM [Reply]

Judges get payed out of the same pot as any other government employe. You don't see them rule against each other to often.

#5.1.1 Anonymous on 10/22/11 at 01:43 PM [Reply]

Actually, the Board of Elections gets paid by the County, a Winder City Councilman gets paid by the City, and a Judge gets paid by the state. Why don't you learn some more facts?

#5.1.1.1 Ok on 10/22/11 at 02:42 PM [Reply]

so could you pass the constitution test?? i mean citizenship test? http://www.csmonitor.com/USA/2011/0104/Could-you-pass-a-US-citizenship-test/Results

#5.1.1.2 Anonymous on 10/22/11 at 03:05 PM [Reply]

But they are all government employes payed by the tax paying citizens. So yes it is out of the same pot. Why don't you get a real job and pay taxes and you might understand.

#6 right on beth on 10/21/11 at 10:14 PM [Reply]

Funny how those like John...know not what he say...read...read...read before you post or is that to difficult! Must have gone to the same school as Eberhart.

#7 Anonymous on 10/21/11 at 10:48 PM [Reply]

I think Mr. Buffington sums up this situation pretty well in his story last week.

#8 Jim Cooley on 10/22/11 at 07:28 AM [Reply]

First I would like to say that I appreciate all the support that I've been getting. It really means a lot when people want to see the right thing done. I see some people say, "I'm only doing this because I can't beat Eberhart at the ballot box". Let me first say that I can; that has never been the issue. The issue is should he even be on the ballot; the answer is no. I want to see the corruption end and it will come to an end. The reason Sabrina tried to get me removed from the ballot is because they knew what I intended on doing. If she got me kicked off, my voice would not be as loud. I am however keeping up the fight; yesterday I sent an email to Sabrina, Don Toms, and Chief Dorsey that Charlie Eberhart, by him calling his staff lunchroom an apartment, he is violating city code. Chapter 12, Article II, Section 12-106 because Sabrina is Elections Superintendent it is her duty to have Charlie Eberhart removed from the ballot. If she does not, she is in violation of her duties. Maybe we need to OCCUPY CITY HALL and force Sabrina to do her job; she spent so much time conspiring to get me removed and with the Mayor to try and make it harder for 3000 people to vote just to cover up what's really been going on. I call on everyone to call and email Chief Dorsey, Sabrina Wall, Don Toms and Mayor Thompson to do the right thing for the city. Let all them know your voice is going to be heard. You can make the difference; then after 4 years if you have decided I haven't done the job for the city, then vote me out of the next election. But when I make a promise I keep it. My promise is to clean up Winder, inside and out.

#8.1 Beth on 10/22/11 at 09:27 AM [Reply]

Dear Mr. Cooley,
I support you 100% in your attempt to correct a wrong that has existed for far too long. The way I see it you have several obstacles to overcome:
1. The judges ARE part of the "Good ole boy" network, and very rarely, if ever, rule against each other.
2. City of Winder officials have already tried to get rid of you, failed, and have gotten themselves involved in the biggest voting fiasco Winder has ever seen. They are already scared of The Sec. of State's office, and fearful for their jobs. They are keeping a LOW profile these days.
3. Eberhart is part of the "Good ole Boy" network.
4. OK, here it goes: I am going to play the race card: He is black, and city hall is worried about the backlash that would come if he was removed from the ballot! Come on now they HAVE to have their "token" black on the council. Besides, Eberhart does not make waves, and is a puppet on a string for the Mayor and others. Bottom Line: They don't want 100 black citizens,Black Clergy, The NAACP, etc. camping out on City Hall's doorstep!

#8.2 Anonymous on 10/22/11 at 10:15 AM [Reply]

Does that also mean you will clean up the people who cause the SWAT team to come out to a house? Remember Jim?

#8.2.1 Jim Cooley on 10/22/11 at 10:23 AM [Reply]

Great, its nice to know you support drug selling..I now know who you are! I support the Police Department 100% in their efforts to rid Winder of drug dealers. Deal drugs, you will be caught!!! Maybe not right away, but everyone makes a mistake and its sad to see that you start your kids off early stealing. That's a good way to teach them when they get older. Its sad to see father & son in the same prison!!! If you don't want Swat raiding your home, don't deal drugs. Get real jobs!!!!

#8.2.2 Anonymous on 10/22/11 at 10:26 AM [Reply]

Who has SWAT at their house?

#8.3 Anonymous on 10/22/11 at 10:43 AM [Reply]

Mr. Looney, here is some legal advice, gratis. If you choose, in your apparently infinite stupidity, to pursue your little cause any further, hire a lawyer. Your failure to follow procedural law is a brick wall into which you will butt your crazed head time again. Not to mention the increasing resentment from opposing counsel and judges that you will encounter time & again. Of course, the sane & short advice is: Let it go. But, if you choose a different path -- hire a lawyer.

#8.3.1 Jim Cooley on 10/22/11 at 10:55 AM [Reply]

ty but don't need your advice, besides I hate dirt bag lawyers..I'm glad hell has a special place for lawyers..also dirt bag Ellison didn't win any of her motions, she thinks she's crafty, but in reality she lost or maybe she won. She got Eberhart's money; I can hold my own in court. You don't need a lawyer to win or lose, its a game. Its a sad game, but its a game, so please keep your lawyer advice to yourself.

#8.3.1.1 BulldawgFan on 10/22/11 at 11:10 AM [Reply]

Mr. Cooley,

According to the article, it appears that Eberhart and her dirtbag lawyer--in reality--did win. Considering you lost, one could assume that you cannot hold your own in Court. If you hate lawyers so much, why did you seek the advice of the County Attorneys?

#8.3.1.1.1 Jim Cooley on 10/22/11 at 11:23 AM [Reply]

When did I ever do that?

#8.3.1.2 Anonymous on 10/22/11 at 11:34 AM [Reply]

Jim if your gonna keep this up, hire an attorney so you dont look so dumb. You will not win if you dont. Take the advice and show us you have some sense.

#8.3.1.2.1 Jim Cooley on 10/22/11 at 11:44 AM [Reply]

Yes, I may have lost in court...but in reality I won. I exposed what needed exposure and the Sec. of State and the AG are involved. I WIN and yes I would love the chance to argue before the Georgia Supreme Court...that would be an honor.

#8.3.1.2.1.1 Anonymous on 10/22/11 at 04:20 PM [Reply]

You really are ignorant. The Ga Supreme Court permits only those who are legally qualified to argue cases before it. Not to mention the fact that they have to agree to hear your case after an appellate level has weighed in. Do you even know what the term writ of cert. means? Everyone who has any common sense is laughing AT you.

#8.3.1.2.1.1.1 Jim Cooley on 10/22/11 at 05:25 PM [Reply]

ok you know everything

#8.3.1.2.1.1.2 Jim Cooley on 10/22/11 at 05:49 PM [Reply]

Here's what you don't know and you probably couldn't spell the word: A Writ of Certiorari is needed when you are appealing a lower court's decision. I was not appealing a lower court's decision; I was appealing a County Board's decision. They are not a court..now I know you're not a lawyer and like I said dirt bag Ellison tried to sneak things into the court. The judge didn't agree on anything with her, all he did was affirm the board's decision. Lawyers are not the smartest people either, however they do try to be sneaky.

#8.3.1.2.1.1.2.1 Anonymous on 10/22/11 at 07:33 PM [Reply]

I didn't say it applied in your appeal to Superior Court.
As for spelling, cert. is an abbreviation. Lawyers often refer to a writ of cert. Obviously, this was over your pointy head. I mentioned the writ of cert. since you yearn to appeal your debacle to the Supreme Court. Of course, bereft of counsel, you wouldn't even get through the door. Give it up, goofball. You are already a laughingstock. Just take your Plavix and relax.

#8.3.1.2.1.1.2.1.1 Anonymous on 10/22/11 at 09:38 PM [Reply]

Let's face it, Cooley got the best of you. Give it up if all you can do is call him names. It appears he answers people with dignity, but it seems you got what you deserved. have you ever been told, if you have nothing nice to say ZIPPER YOUR MOUTH, shut up, keep silent, be seen not heard, please do all of them!!!!

#8.3.1.2.1.1.2.1.1.1 Anonymous on 10/22/11 at 11:00 PM [Reply]

If he answers people with dignity, please read the last post he made. Just saying.....

#8.3.1.2.1.1.2.1.1.1.1 Anonymous on 10/22/11 at 11:17 PM [Reply]

I did read it, that's why I said you got what you deserved.

#8.3.1.2.1.1.2.1.1.2 Anonymous on 10/23/11 at 07:19 AM [Reply]

How is it dignified to damn an entire profession that works harder and has obtained exponentially more education than Cooley to hell and then insult one specific lawyer who got the best of Cooley? Mr. Cooley is delusional if he thinks he "won." He had his appeal and lost. I'm curious, does Mr. Cooley even have a job? Perhaps with free time on his hands he is envious of lawyers and their crafty ways.

#8.3.1.2.1.1.2.1.1.2.1 Jim Cooley on 10/23/11 at 07:53 AM [Reply]

Well, just take a look at all the EDUCATION in the House & Senate and they can't do anything right.
So you must be a lawyer upset because I dare berate lawyers because they're nothing but lowlife's. I never said I won the appeal, I said I beat her and her stupid motions, trying to belittle the Judge thinking I wouldn't know how to respond. Lawyers aren't crafty, they think others are stupid, that's where they're wrong. You just can't accept the fact that I really got the best of her. The Judge's decision was wrong and he will soon see that. Affirming the boards decision without hearing the evidence was not the right thing to do. So stop crying and move on. You seem to think you are going to get me to argue with you, but I'm not. If Sabrina did her job, Eberhart would not be on the ballot. If code enforcement did they're job, Eberhart should have 36 years of citations, but when things are covered up you get corruption. In the end this will come out and everyone involved will fall. So, if you are a lawyer or friends with Ellison I'm proud of you, so take your crying to city hall, maybe they will listen.

#8.3.1.2.1.1.2.1.1.2.1.1 enough on 10/23/11 at 08:11 AM [Reply]

First I am a supporter of yours..however, the lawyer bashing is not in your best interest. YOU are going to need one if you want this to go further. If your car is broken you carry it to a mechanic. Now sometimes you may find a bad mechanic but based of reputation you can usually find a good one. Same with lawyers. Even doctors don't treat themselves. Stick with the issues of the race and you should do well.

#8.3.1.2.1.1.2.1.1.2.1.1.1 Jim Cooley on 10/23/11 at 08:24 AM [Reply]

I understand, I agree with you and I will do that

#8.3.1.3 Anonymous on 10/22/11 at 11:40 AM [Reply]

If you keep going, for example to appellate court, you've got a big shock coming to you. They don't suffer fools/non-lawyers lightly. Violating procedural law will get your case tossed before you even reach the merits (presuming your case has any). As far as calling lawyers "dirt-bags" well, what do you suppose a judge was before he/she donned that black robe? Instead of an eligibility test, you need to disclose your results on an I.Q. test. I know you can't see this, but with every word you spew, you damage your case and simply confirm what a crazy gadfly you are. Totally unsuitable for public office.

#8.3.1.3.1 Jim Cooley on 10/23/11 at 06:20 AM [Reply]

Explain to me why I'm not suitable for public office? Is it because I'm willing to put an end to corruption? because I want to do what's best for Winder? because I'm doing what's afforded to me under the law? Please you explain to me why I'm not suitable? Then explain to all of us why you didn't run? I'm willing to fight for the residents. There are a couple people who will be gone when I win. I will want Winder City Council to told terminations open meetings not in executive session.

#8.3.1.3.1.1 Anonymous on 10/23/11 at 10:53 AM [Reply]

You are not suitable because you are a kook.

#8.4 Anonymous on 10/23/11 at 12:12 AM [Reply]

I hope if you are elected that Sabrina and a couple of other "management", waste of money people are gone.

#9 Ok on 10/22/11 at 07:40 AM [Reply]

not having heard that your side in stories printed here I did not realize that the other side had tried to have you removed first, Now I changing my mind, probably will vote for you cause they started throwing the lawn JARTS that went into both your guys feet.

#10 Jim Cooley on 10/22/11 at 09:59 AM [Reply]

The NAACP, Rev. Al Sharpton, Jesse Jackson, Louis Farrakhan are all nothing but professional trouble makers. If you ever noticed they don't do anything to help black people. They use black people to stir up trouble, once they get their coffers filled, they run like rats and leave the black people standing there. I always found it interesting that there is a NAACP, but not a NAAWP; there is a black congressional caucus, but not a white congressional caucus. The only ones that are keeping racism alive are these morons and the Federal Government; how the Federal Government you ask? The Federal Government says that one ward in every city must be 50.1% black. That is why Ward 2 was redistrict to include more black people because it lost so many. Winder is trying to keep a black person on the Council because they are afraid of being sued for racism for having an all white Council. This is why what Eberhart has done for years and years has been covered up. The other Council members need to take note, they will take the fall just like everyone else for this coverup. If you think I'm a racist, think again..I'm putting my support behind Herman Cain; I believe he's the best qualified because he's never held public office. He has solutions, not ideas. However, he does need to get away from his 9-9-9 plan and go with the Fair Tax. At the GOP meeting I attended, I sported a Herman Cain button..career politicians are exactly that, career politicians. They do nothing except for themselves and they need to be put out of office. Keep electing them and you will keep getting nothing. As I've always said, the only thing you need to be a politician is common sense. All of them lack this!

#10.1 Beth on 10/22/11 at 11:06 AM [Reply]

Wish there was a LIKE button! You are SOOOO right Mr. Cooley! I do agree with the other poster who said that you DO need an attorney. Judges dismiss your actions, motions, and anything you say if you are not represented by counsel. You have hit the nail on the head, and I think ANY attorney that hears the facts would be HAPPY to help you!
Do NOT give up! We, the people deserve better!
Going to City Hall will not help, Sabrina, Chip and the rest will not talk to anybody.
Emails will not be returned, neither will calls.
They are not about to acknowledge that they have been a party to these lies and deceit. They are ALREADY in the "hot seat" and running scared! Chip knows he is on his way out, and so does Sabrina.
I urge Winder residents to call or email The Sec. of State's office, The Governor's office, and anybody else that will step in and bring action against these crooked politicians.
What address is on Mr. Eberhart's Drivers License?
What address is on his tag?
What address is on his auto insurance?
He is in violation by voting in Winder, and most definitely by running for elected office here. Come on People, Things will NEVER change if we don't start demanding accountability!

#10.1.1 Jim Cooley on 10/22/11 at 11:21 AM [Reply]

Beth, it doesn't m what is on his Driver's license, what does matter is that he is in violation of city code on housing. This is where Sabrina is going to get nailed, for violating election laws...yes they are running scared and yes they won't talk to anyone or answer calls or emails. Her job is gone and she will be lucky if she doesn't find herself in handcuffs. The State and the AG are going to hit Winder hard, everyone involved except Don Toms will get what's coming to them. I feel for Toms because he just came in and didn't realize what had happened. I just hope he will stay with Winder after this is over. Good people are hard to find.

#10.1.1.1 Anonymous on 10/22/11 at 06:47 PM [Reply]

Jim..what law has been violated by Wall? Even the courts agree Eberhart lives in the City....Get a life

#11 MR-T on 10/24/11 at 09:01 AM [Reply]

Did anyone listen to wimo radio last night from five to six it was pretty good?

#12 TickedOff on 10/24/11 at 01:45 PM [Reply]

Pretty darn sad when your choices are this Cooley guy and a lunchroom dweller

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Judge upholds elections board decision on Eberhart

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