[420 Girl]

A Superior Court judge on Friday halted a recall effort against a Fayette County commissioner charged with marijuana possession, saying the alleged crime is not connected to his official duties.

At the end of an hourlong hearing, Judge A. Quillian Baldwin Jr. said he didn’t approve of Commissioner Robert Horgan’s behavior, telling Horgan that “when you do these kinds of things it cuts down on your credibility and trust.”

But state law says recall efforts must be based on activity directly related to an official’s performance in his public job, Baldwin said.

Baldwin told Robert Ross, a leader of the recall drive: “I’m sorry but it has to be connected to his work.”

A recall election might have removed Horgan from office. After the hearing, Horgan said he was relieved to win the case and glad taxpayers didn’t have to pay for such an election, which Horgan’s lawyer said would have cost about $150,000.

Ross said he doesn’t know whether the group will appeal. It has 10 days to decide.

Horgan, 45, was arrested over the Memorial Day weekend during a traffic stop. He was charged with misdemeanor possession of marijuana and having an expired tag, but he didn’t have to step down from his post on the County Commission, which he has held since 2006, because the charges are not felonies.

Horgan apologized but said he wasn’t going to quit.

Harold Bost, a former commissioner, urged Horgan to resign and started the recall drive.

The Committee to Recall Robert Horgan collected more than 100 signatures on a recall application, enough to seek permission to start the actual recall petition. That’s when Horgan’s lawyer stepped in and asked the judge to consider whether legitimate grounds existed for the recall. If the recall had proceeded and 21,000 registered voters signed petitions, a recall election could have been held.

Horgan’s lawyer, Christy Jindra, argued that his client made a “poor judgment” but didn’t steal public money or do anything wrong at public meetings.

“It simply didn’t relate to his office,” Jindra said.

The lawyer for the pro-recall forces, Dennis Davenport, argued that Horgan’s arrest created public distrust and hampered his ability to function in public.

“That bad judgment ... is certainly closely connected to him as a commissioner,” he said.

Because Fayette officials recused themselves, Baldwin handled the case. The Clayton County solicitor will prosecute the criminal case, and three county attorneys employed outside Fayette will hear an ethics complaint. No dates has been set for those hearings.

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