A state commission rejected a bid Friday by Gov. Nathan Deal’s lawyer to recover legal fees from a government watchdog for accusations he made in ethics complaints that were later dismissed.
Members of the Government Transparency and Campaign Finance Commission voted 3-1 against awarding legal fees after George Anderson of Rome apologized for some of the language he used in complaints against the governor’s family, his law firm and a former chairman of the ethics commission.
Deal’s attorney, Randy Evans, called Anderson’s filings “malicious, libelous and defamatory,” and he said the commission’s decision “has basically declared open season on candidates and their families.”
“This isn’t about Nathan Deal. This isn’t about a process,” Evans said. “This is about what happens when somebody crosses the line.”
Anderson said Deal and Evans were trying to muzzle him for taking on the governor.
But while Anderson won’t have to pay legal fees, his critics might have won a consolation prize. Anderson, who has filed complaints against hundreds of politicians over the past 17 years, said Friday would be his last appearance before the ethics commission.
“I can’t handle the stress anymore. I have had too many health problems,” Anderson said. “The message is … they will come after you. They are determined to silence citizens and censor and intimidate.”
The battle between Deal’s lawyers and Anderson was a test case for the commission. Evans’ motion for legal fees marked the first time a state official had used a 2010 law that enables politicians accused of violations to go after accusers if their complaints are deemed frivolous.
Evans was seeking legal fees for a series of accusations Anderson made against Deal and his campaign. They included claims that Deal’s campaign illegally funneled money to the governor’s daughter-in-law and her company, that Deal and his attorneys were involved in a financial kickback scheme and that the governor conspired with the state ethics commission’s former chairman to derail complaints against him. The charges were dismissed by the commission.
Deal in July was cleared of major state ethics violations, at least temporarily ending more than two years of complaints and investigations into his 2010 bid for governor. He agreed to pay $3,350 in administrative fees for a series of “technical defects” in his financial and campaign disclosures.
When he filed his motion, Evans didn’t say how much money he wanted. On Friday, he told the commission he wanted an apology and a half-hour of his $675 hourly legal fee, or $337.50. Anderson told reporters Evans wanted about $10,000.
The watchdog group Common Cause Georgia opposed the legal fee law, saying it would make citizens wary about filing legitimate complaints against politicians if they knew they might be forced to pay up if their case was dismissed.
William Perry, executive director of Common Cause Georgia, said two people with complaints before the commission have already called his office, worried about the legal liability.
But Kevin Abernethy, the commission’s chairman, said the panel and its staff spent countless hours investigating Anderson’s complaints against Deal, most of which were thrown out.
“While we encourage productive and careful oversight of government … be on guard, be on notice, that if you file frivolous complaints that are filed without merit or filed in a political context to gain political advantage, you can be assessed (legal) fees for all the work that goes into adjudicating those complaints,” Abernethy said.
While Anderson acknowledged some of the language he used in his complaints was out of line, he defended his right to go after Deal for what he thought were ethical lapses. He raised his voice several times during the hearing and ended it pounding the podium and shouting at Abernethy.
“I want the governor and I want all elected officials that I have tried to hold accountable for almost 20 years, I want them to do what they are supposed to do,” he said. “They are supposed to serve the public and not betray the public’s trust.”
Ethics watchdogs and friends of Anderson’s questioned why the governor went after him for legal fees.
“I am sort of at a loss why the governor, having gotten what he wanted from the commission in terms of being able to move on against all these complaints, would want to go the extra mile to try to really leave the impression that he’s willing to come down hard on the person who complained against him,” said Bill Bozarth, a former Common Cause director.
But Evans said there have to be limits on how far public complaints can go in attacking candidates and their families, friends and business associates.
“I think (Deal) is trying to protect the process,” Evans said. “I think he has genuine concern that really qualified candidates are deciding it’s not worth it” to run for office.
Evans said the commission’s decision shows candidates “are fair game for malicious, defamatory, libelous conduct.”
“If you have action without consequence, you have people who will just disregard the rules,” Evans said. “Right now, it means if you are an elected official, you are open game.”
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