Judge denies motion to dismiss civil case against DA in Athens

Senior Judge David Emerson has denied Western Circuit District Attorney Deborah Gonzalez’s motion to dismiss a lawsuit which alleges she has not carried out the duties of the office she assumed when elected two years ago.

Emerson filed the decision Wednesday in Athens-Clarke County Superior Court in the case of Athens businessman Jarrod Miller, who filed the complaint, called a writ of mandamus, on March 13.

The judge based his ruling on Gonzalez’s statement upon election that she adopted a policy to never prosecute simple possession of marijuana or drug-related objects and certain truancy cases in juvenile courts.

“This court finds if the defendant has adopted such a policy, she has grossly abused her discretion,” the judge wrote.

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“The court also finds the plaintiff does not have any other remedies for this abuse of discretion since he does not seek to remove her from office, nor does he seek to disbar her. He merely seeks to have her perform her mandated duty to enforce the state criminal code,” Emerson wrote.

Such a policy as described in Miller’s suit to not enforce a state law “is a dereliction of her specific duty,” according to the judge.

Miller’s lawyers, Kevin Epps and Tyler Gaines, argued the merits of the mandamus on Monday before Emerson, while Gonzalez’s attorney Derek Bauer of Atlanta, sought to have the complaint dismissed.

In response to the judge’s ruling, Bauer sought to remedy the matter by arguing that the district attorney later revised the policy, therefore the suit should be dismissed.

Gonzalez also released a statement regarding the decision saying she was “deeply disappointed” in the order that refused to dismiss the mandamus.

“It is apparent that the arguments of the dismissal request were not properly considered, nor was the existing law properly applied,” she said.

The judge’s decision endorses a misuse of the mandamus to deprive her office of prosecutorial discretion and an obligation to make decisions in the public’s best interest, according to her statement.

“If Mr. Miller is successful, permitting this action to proceed effectively means a superior court judge, whom the citizens of this district did not elect, will be ‘looking over my shoulder’ going forward every day to decide if I am doing my job in a manner that the judge agrees with,” she said. “The consequence is the disenfranchisement of you, the voter’s choice, and the policies you, the voters, endorse through the electoral process.”

The order also shows, according to Gonzalez how “easily the mandamus writ cold be weaponized for political gain.”

Bauer filed his legal response soon after Emerson’s decision was made.

In the reply, he said the district attorney has implemented a policy to “generally refrain” from bringing criminal charges for truancy cases and she denies a policy of refusing to prosecute such cases or that she has disregarded the laws of the state or abused her discretion.

Bauer also asked that Gonzalez be awarded costs and expenses for responding to the suit.

This article originally appeared on Athens Banner-Herald: Judge denies motion to dismiss civil suit against DA Gonzalez