Editor’s note: Readers should note that Hardie Davis has continued to assert that he did not make false statements about the subject of this lawsuit. The Augusta Press withdraws all statements or insinuations in this story that Davis “lied” or was not truthful with Richmond County Superior Court or the Georgia Campaign Finance Commission.
The Georgia Court of Appeals, on June 6, sent back for rehearing a decision by the Richmond County Superior Court in an open records case involving the The Augusta Press and former Mayor Hardie Davis Jr.
The appellate court upheld Richmond County Superior Court Chief Judge Daniel J. Craig’s denial of the defendant’s motion to dismiss but found a technical error in the handling of the case. Craig will preside over the new proceeding.
At issue was an open records request by The Augusta Press for documents supporting expenditures Davis reported to the Georgia Transparency and Campaign Finance Commission. David told the commission that he had incurred the expenses in the fulfillment of his office.
Davis refused to comply with The Augusta Press’ request, stating that the documents were not related to the office of mayor, the exact opposite of what the former mayor told the Campaign Finance Commission.
At the hearing to dismiss, Craig issued a judgment in favor of The Augusta Press and demanded that Davis turn over the records. The court also ordered Davis to pay a civil penalty of $1,000 as well as assume responsibility for the plaintiff’s legal bill of $4,206.50.
Judge Elizabeth Gobeil wrote the opinion for the the three-judge appellate panel. She found that while the defendant never filed an answer to the original complaint and only asked for a dismissal, he should have been given an “interlocutory hearing” before a final judgment was made.
The appellate court’s call for an interlocutory hearing means the judges believe some matter or matters related to the original trial are unresolved and must be dealt with.
David Hudson, attorney for The Augusta Press, says the appellate court did not overturn Craig’s ruling but found what they deemed a technical error in the original process.
“The Court of Appeals wrote that Davis was entitled to more notice before affirmative relief was awarded to the newspaper. For that reason, another hearing will be required to obtain a final ruling on whether the documents Davis contended were related to the fulfillment of his elected office and must be produced by him,” Hudson said.
Joe Edge, publisher of The Augusta Press, contends that this is simply another stalling tactic by Davis.
“Davis lied. We all know that and the court knows that. It has been established that he either lied to the Ethics Commission or he lied to us. The fact is, he is lying to someone, and he must be held accountable,” Edge said.
Edge says The Augusta Press will continue the lawsuit even if Davis appeals all the way to the Georgia Supreme Court.
Davis was given the opportunity to comment for this article through his attorney, Ed Tarver. Due to Davis’ travel schedule, Tarver said the former mayor would reply with a statement by email.
However, Davis never responded to the request for comment.
The interlocutory hearing is expected to be scheduled within the next several weeks. Meanwhile, Davis will have to appear at a deposition that has been requested by The Augusta Press.
Scott Hudson is the Senior Investigative Reporter and Editorial Page Editor for The Augusta Press. Reach him at scott@theaugustapress.com
