The lawyer who filed a writ of mandamus against Western Circuit District Attorney Deborah Gonzalez recently filed a motion asking a judge to open avenues for the discovery of evidence in the case.
Gonazalez had filed a motion confessing to the writ in May, but on the same day she appealed the case. The appeal was transmitted to the Supreme Court of Georgia on Thursday.
A writ of mandamus basically orders her to comply with the statutory duties of her office.
The suit against the DA was filed on behalf of Athens businessman Jarrod Miller, who said he voted for Gonzalez, but she is not complying with state law in the supervision of her office.
Gonzalez is two years into her elected position, but she is dealing with an upheaval of employees resigning.
Gonzalez filed a motion to dismiss the writ of mandamus in May, but Senior Superior Court Judge David Emerson, who was appointed to hear the case, denied her motion.
After Gonzalez confessed to the judgment, her lawyer, Derek Baurer of Atlanta, filed an appeal to the Supreme Court.
Watkinsville attorney Kevin Epps, who represents Miller, filed a subsequent motion on May 30 asking Judge Emerson to set a discovery conference or a hearing on the remaining issues in the case.
Epps wrote in his motion that since Gonzalez “only partially confesses to judgment,” that the judge should abstain from entering a final judgment due to pending issues in the case.
According to the motion, Gonzalez has said, “I am not admitting or agreeing to any factual allegation or legal conclusion made by Mr. Miller as part of his lawsuit. My confession to judgment merely provides that a mandamus order may issue to require that I comply with my statutory duties. …. Which I have already been doing since my first day in office.”
Epps alleges the confession is improper and the judge should allow for discovery to proceed.
This article originally appeared on Athens Banner-Herald: Attorney wants hearing to seek evidence in case against DA’s office
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