Legal Wrangling Continues Over Rights To Publish County’s Legal Notices

The dispute continues over which local newspaper has the largest number of “in county paid subscriptions”.  At stake is county government’s business for publishing legal notices.  As WJRS NEWS reported earlier this week, the Russell County Fiscal Court on Monday night voted 5 to 1 to rescind a decision made in the February meeting declaring The Russell Register the larger of the two local newspapers.  The Court’s decision in February was based on information provided to it by The Russell Register which included a sworn affidavit from Jamestown Postmaster Richard Shivel.  A few days after that meeting, The Times Journal brought suit, alleging the numbers provided by The Russell Register were inaccurate and The Times Journal continued to be the largest local newspaper.  During its meeting this past Monday night, after hearing from Times Journal publisher David Davenport and attorneys for both newspapers, the Fiscal Court voted to rescind last month’s decision, removing itself from the controversy.  On Tuesday, The Times Journal filed to have its suit against the county dismissed.  WJRS NEWS has learned that local attorney Robert L. Bertram filed suit Thursday afternoon on behalf of The Russell Register against The Times Journal and the county’s five magistrates claiming the Times Journal’s representatives mislead the Fiscal Court into believing that The Times Journal has the largest “bona fide paid circulation” and that the magistrates arbitrarily awarded the paid legal advertisements to The Times Journal, resulting in damages to The Russell Register.  County Judge Executive Mickey Garner is not named as a defendant in the latest lawsuit.  Garner was the only member of the Fiscal Court that voted Monday night against rescinding the Court’s earlier decision.  The lawsuit seeks to have the publication of Russell County’s paid legal advertisements returned to The Russell Register.



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