Indicted Newton commissioner sues state leaders to avoid re-suspension

John Strauss, an attorney representing Banes in his Jan. 28 lawsuit against Kemp and Carr, said he asked the Fulton County Superior Court on Thursday to set an emergency hearing in the case.

“We respectfully believe strongly that Governor Kemp and Mr. Carr lack the authority for the procedures that their offices are presently following,” Strauss told The Atlanta Journal-Constitution in an email. “The suspension statute cannot again be used to thwart the will of the voters or deny Mr. Banes his constitutional protections.”

Banes won election to his third term as commission chair unopposed in the Nov. 5 general election after winning the Democratic primary in May. He says in his lawsuit that he received more votes than the county’s sheriff, probate judge and district attorney.

Banes said in court filings that Kemp has again appointed a commission to consider his suspension, and that the commission members, including Carr, are due to meet this week. Banes seeks an emergency restraining order halting the suspension process until his court case has been decided.

“There is no lawful basis for the re-established review commission that the governor has convened, nor any lawful basis for the petitioner’s potential re-suspension,” Banes said in court filings.

Representatives for Kemp declined to comment. A representative for Carr did not immediately respond to an inquiry about the lawsuit.

Banes alleges that the state law governing the suspension of indicted public officials doesn’t allow Kemp and Carr to again go through the process of suspending him, now that the term in which he was indicted and initially suspended has ended. He said to find otherwise would violate his constitutional rights.

Under the relevant state law, Banes was suspended in August until the end of the criminal case against him or the end of his term in office, whichever happened first. He said his term ended Dec. 31 and therefore so did his suspension.

Banes wants the court to determine whether Kemp can appoint another commission to review his suspension, and if the re-suspension process violates his constitutional rights.

He said part of the relevant state law ends an indicted official’s suspension if their criminal case isn’t tried in the court term following their indictment. But federal courts don’t have terms, Banes argues.

Banes, an ordained minister and the county board’s first Black chairman, was indicted on five counts of money laundering and a single charge of lying to a federal agent. He immediately pleaded not guilty and was granted a $10,000 bond.

Lindsey, a lawyer and real estate broker elected as a county commissioner in June 2024, was indicted on three counts of money laundering and two counts of making a false tax return. She also immediately pleaded not guilty and was granted a $10,000 bond.

Each has asked the federal court to dismiss most of the charges against them. The judge has yet to make a ruling on those requests.

On Jan. 23, Kemp tasked Carr, Dougherty County commissioner Clinton Johnson and Jasper County commissioner Bruce Henry with reviewing whether Banes and Lindsey should be suspended.

The U.S. Department of Justice accused Banes of using his position to influence the sale of a 40-acre parcel of commercial property and taking a kickback from Lindsey. Prosecutors said she received a $150,000 payment after the property sale then sent $100,000 of it to Banes.