Chancellor Jeffrey Atherton has denied — for now — a request from Hamilton County Mayor Weston Wamp that Atherton recuse himself from hearing a lawsuit County Attorney Rheubin Taylor filed against the mayor, according to Wamp’s office.
“The judge denied our motion to recuse,” Wamp’s spokesperson, Mary Francis Hoots, said in a text Friday. “He invoked Rule 19 — adding the commission to the lawsuit. Once the commission is added, we can file another motion to recuse.”
Wamp’s counsel filed the motion Wednesday, stating that Atherton attended a commission meeting on Oct. 19 when commissioners approved resolutions reaffirming Taylor’s contract and reasserting their authority over the county attorney’s office.
“There were statements given by members of the County Commission as well as the community at large in support of Mr. Taylor, and those statements speak of his alleged good character, integrity, history of service to the county, reputation in the community and other character traits,” the four-page motion said. “Those unsworn statements would not immediately be admissible in any hearings of this matter, yet the court was a witness to all of them.
“Admittedly, the court did not engage in any impermissible fact-finding mission by attending the commission meeting, but the result here is the same because the court has observed potential evidence outside the courtroom. As such the court’s ability to remain impartial can reasonably be questioned.”
Hoots said in a statement Thursday that the mayor’s office hopes to receive a ruling from a judge outside Hamilton County.
Commission Chairman Chip Baker, R-Signal Mountain, said in a phone call late Friday afternoon that he had heard from the panel’s former attorney, John Konvalinka, that it was a possibility that the commission could be added to the suit, but he hadn’t heard any updates on the situation when contacted by the Chattanooga Times Free Press. He expects to have a conversation with his colleagues on the commission about next steps.
Reached by phone Friday, Taylor had no comment.
Taylor filed a lawsuit against Wamp in Chancery Court after the mayor attempted to fire him in October, asking the court to find that Taylor’s four-year contract is valid and the mayor does not have the unilateral authority to terminate him. The mayor has since restored Taylor’s pay and Taylor’s access to his county-assigned computer, email and cellphone.
Wamp filed a counterclaim on Wednesday alleging that Taylor directed his staff to ignore orders from the mayor and that the attorney’s office hired at least three private law firms at a cost of more than $1 million to represent county employees without OK from the mayor or County Commission.
Wamp cited destruction of government documents, private work on public time and violation of attorney-client privilege in seeking to fire Taylor, who has made no public comments on the matter.
Contact David Floyd at dfloyd@timesfreepress.com or 423-757-6249. Follow him on Twitter @flavid_doyd.