Attorneys from

the office of Thurbert Baker, Georgia's attorney general, will defend

Judge Stephen Boswell in The Citizen's lawsuit seeking an end to secret

tax mediation talks in Fayette County.

Documents filed

last week in the case show Baker's office as Boswell's attorney. Judges

who are sued in the line of duty can ask for and receive defense from

the attorney general's office.

Fayette Superior

Court still has not appointed a judge to hear the case. Meanwhile, Boswell

recently signed an order extending the mediation talks until Feb. 15.

All of Fayette's

judges disqualified themselves in The Citizen's suit citing conflict of

interest, because Fayette County and its three largest cities also are

named as defendants.

The Citizen

is seeking to halt mediation talks between the county and the cities of

Fayetteville, Peachtree City and Tyrone pending a hearing to determine

whether the mediation can legally be conducted in secret.

The action

came after visiting Judge Stephen Boswell, who is overseeing the mediation,

refused to respond to The Citizen's earlier written request that he explain

his reasons for closing the talks.

Lawyers for

the newspaper also have issued requests for any and all documents produced

as a result of the mediation, citing the state open records statutes.

The governments involved have refused to give up the documents, citing

the judge's secrecy order and arguing that the documents are exempted

from open records laws because pending litigation is involved.

The court-ordered

mediation is aimed at resolving a long-standing dispute over tax equity.

City officials have maintained that their residents are taxed for more

services than they receive from the county about $2 million a year.

County leaders

say there is no tax inequity, that city residents receive more than their

fair share of services.

Boswell ordered

mediation after the cities filed a formal request that he do so. As part

of those proceedings, Boswell issued an order Dec. 14 requiring that the

mediation be conducted in private, and that the parties not talk about

the discussions. Though the order cites no statutory authority allowing

the secret meetings, it holds that the decision is "consistent with

the general guidelines for all mediations."

"In order

to provide an environment conducive to resolution, mediations are conducted

in private and information provided is confidential as between the parties

and the mediator," said Boswell in his mediation order.

Citizen Publisher

Cal Beverly said he decided to question the legal grounds for the secrecy

order because the parties involved are not private citizens, as in most

court-ordered mediations, but governing bodies, and the matters they are

discussing involve taxpayers' interests.

"We need

to remember that these are our local elected officials talking about our

tax dollars. If anything should be open and above board, it is tax talk,"

he said.

The Citizen's

objections could soon be moot, with the Feb. 15 deadline for the talks

looming. After the deadline, court action may follow.