Almost 60 current and former prosecutors filed a brief with the Georgia Supreme Court in support of Athens-area District Attorney Deborah Gonzalez in a lawsuit that alleges she is abusing her power by selectively prosecuting cases.
The amicus, or “friend of the court,” brief was signed by 57 lawyers involved in criminal justice from all over the country, including current and former chief prosecutors for Manhattan, Los Angeles, Memphis, Seattle, Denver, Philadelphia, St. Louis, San Francisco and Kansas City, as well as a number of U.S. attorneys, Justice Department officials and state-level attorneys.
Athens bar owner Jarrod Miller and Watkinsville lawyer Kevin Epps filed for a writ of mandamus in Western Circuit Superior Court essentially asking a judge to order Gonzalez to do her job. When a visiting judge—four local judges recused themselves—denied Gonzalez’s motion to dismiss, she admitted to the charges so Miller vs. Gonzalez could advance to a state Supreme Court appeal. The visiting judge, David Emerson, wrote in his decision that Gonzalez was abusing her discretion by refusing to prosecute minor drug cases.
Signees said that ruling against Gonzalez would mean that a single citizen can overturn the will of the voters who elected her, and noted that no prosecutor has the resources to pursue every case. “The lower court’s decision will create the potential for serious disruptions in our state,” former DeKalb County District Attorney J. Tom Morgan said in a news release. “It is essential that the Georgia Supreme Court reverse the lower court’s order, affirm DA Gonzalez’s discretion and defend the right to local governance and separation of powers.” Arguments in Miller vs. Gonzalez are scheduled for Sept. 19.
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