September 22, 2021

Julius Hall had his civil rights restored, why doesn't that guarantee he can run for local office? - Savannah Morning News

Julius Hall launched his campaign for Port Wentworth mayor in early June, citing concerns about growth in a city that has more than doubled in size over the last decade.

He's lived in the Savannah suburb for six years and operates a media company, All Things Relevant Media. He's active in local politics, consulted local officials on their campaigns, and sat on the board of the Chatham County Democratic Committee. Outside of the political world, Hall mentors at-risk youth.

For much of the 25 years prior to his arrival in Port Wentworth, though, Hall's address was a prison cell in a federal correctional institution. Hall was convicted on conspiracy to distribute cocaine in 1991.

Hall committed his crimes as a Savannah police officer, so his sentence was steep: life in prison. His sentence was later commuted in the U.S. District Court Southern District of Georgia based on his assistance to the government and other grounds. He was released from prison in 2013, then served three years of supervised release.

Hall's criminal record now threatens to end - or at least delay - his political career.

Hall was disqualified from the Nov. 2 election earlier this month by Port Wentworth's elections supervisor. She cited state law that bars felons from holding elected office for 10 years after their release.

Hall argues that the restoration of his civil and political rights, granted earlier this year by the Georgia Board of Pardons and Paroles, renders the 10-year clause moot.

"They gave me my rights back to serve now. It's not saying anything about going back to the statute to say wait 10 years," Hall said.

With election day fast approaching, Hall is currently seeking a court ruling that will put his name back on the ballot.

'I knew I had to go the route of restoration'

Georgia law restricts the civil and political rights of felons. Upon completion of their sentence, these men and women can petition the Georgia Board of Pardons and Paroles to restore those rights, which include the ability to serve on a jury, to run for and hold public office, and to serve as a notary public.

"I knew I had to go the route of restoration," said Hall, "All these things kept popping up in my line of work and I couldn't do any of them."

Hall hasn’t shied away from his criminal past during his bid for mayor. He's embraced his "mistakes" and positioned himself as a beacon of reform and rehabilitation.

“If you erase the mistakes of your past, you will also be erasing all the wisdom of your present,” Hall said to a crowd of supporters in front of Port Wentworth City Hall at his campaign launch in June.

But in order to run for public office as a convicted felon, Hall not only had to gain the trust of his community, but also the State of Georgia's.

The restoration of rights application asks for employment, civil and financial information, substance abuse and mental health history, and personal statements among other qualifications.

It involves a review process of six to nine months and requires the applicant to have completed all sentences two years prior to applying and have "lived a law-abiding life" since the termination of their sentence.

"The application is comprehensive and requires detailed information necessary for the members to make an equitable decision. The board is interested in learning how the person’s life has changed and evidence of rehabilitation," said a statement issued by the board.

Hall applied three different times, in 2016, 2018 and 2020. His rights were restored on Jan. 26, 2021, exactly five years after his release.

His restoration of rights document in hand, Hall filed his qualification documents for the Port Wentworth election in August. Not long after, a Port Wentworth resident filed a complaint questioning Hall's eligibility.

“I sent the complaint in because of his criminal past,” said the resident, Jodi Hawks, in an email, “He has no business in a position of trust.”

Hawks cites the Georgia law that includes the 10-year requirement in his complaint. Article 2 of the Georgia Constitution states, "...no person...who has been convicted of a felony involving moral turpitude, unless that person's civil rights have been restored and at least 10 years have elapsed from the date of the completion of the sentence...shall be eligible to hold any office or appointment of honor or trust in this state."

"I did my homework and discovered he didn't comply with the 10-year requirement," said Hawks, "I did the right thing."

Hall counters Hawks's legal argument with one of his own, citing language for Article 4 of the Georgia Constitution that appears on the restoration of rights document. The law states, "Except as otherwise provided in this Paragraph, the State Board of Pardons and Paroles shall be vested with the power of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction."

The Port Wentworth elections superintendent ultimately determined that the law required both a restoration of rights and the 10-year stipulation to be satisfied.

Without an exact legal precedent for the situation, Hall's eligibility to run became a legal debate.

The court will decide

The entity that granted Hall his restoration of rights, the State Board of Pardons and Paroles, has declined to weigh in on Hall's eligibility. Reached for comment, a spokesperson said a convicted felon “must apply for Restoration of Civil and Political Rights to run for public office, in addition to meeting any other requirements under state and/or federal law."

Previously:Court denies disqualified mayoral candidate Julius Hall's injunction on removal from ballot

Hall's legal team is challenging his disqualification in court. They sought an injunction last week to keep Hall's name on the ballot while they appealed the elections supervisor's decision.

Chatham County Superior Court Judge Lisa Colbert denied the injunction on Sept. 17. Hall filed the appeal anyway and is awaiting a hearing on the matter.

Previous reporting:Julius Hall disqualified to run for Port Wentworth Mayor based on past felony conviction

'Why is this still a caveat?'

Hall's situation is reminiscent of a bid for elected office by another candidate disqualified because of his criminal past: Tony Riley, who ran for Chatham County Commission in 2020.

Riley's name was removed from the ballot just weeks before the election based on the same Georgia law. One major difference between Riley and Hall, however, is that, at the time, Riley neither had his rights restored nor completed the 10-year requirement.

Riley argued that his crime - conspiracy to distribute cocaine - did not meet the "felony of moral turpitude" standard cited in the law. His appeals failed.

The original complaint against Riley was submitted by a concerned citizen, Carry Smith, who said she had no ill will against Riley. Smith is now aiding Hall in his fight to be able to run for mayor.

Smith, who identifies herself as a PhD candidate in political science at Clark Atlanta University, said there is legal room to argue for Hall's eligibility to run since he had his rights restored.

"You have a star case here of somebody who did all the things that they should have done," said Smith, "Why is this still on paper? Why is this still a caveat?"

Hall agrees. He believes his past is behind him and should not preclude him from holding elected office for the next five years, as the law is being interpreted.

“The state of Georgia has given me my rights. The federal government has saw fit that I am good to go...," Hall said. "So why should I worry about somebody who’s worried about something I did 30 years ago?”

Nancy Guan is the general assignment reporter covering Chatham County municipalities. Reach her at [email protected] or on Twitter @nancyguann.



source: https://www.savannahnow.com/story/news/2021/09/22/disqualified-port-wentworth-mayoral-candidate-julius-hall-georgia-law-restoration-rights-politics/8365743002/

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