Judge hears motion to dismiss lawsuit against District Attorney Gonzalez

A motion to dismiss a lawsuit filed against Western Circuit District Attorney Deborah Gonzalez is under consideration by a judge who said Monday that he will issue an order and send it to the Clerk of Court in Clarke County.

Senior Superior Court Judge David Emerson, who was a judge in Douglas County for 31 years, did not give a time estimate as to when he will render his decision. Judges in the Western Circuit recused themselves from presiding over the case.

Lawyers in the case argued the motion in Oconee County Superior Court due to a courtroom not being available in Athens, where a writ of mandamus was filed. The writ is a legal proceeding that contends an elected official has failed to do his or her job.

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Dozens of people, some carrying placards supporting Gonzalez, attended the hearing. Watkinsville attorneys Kevin Epps and Tyler Gaines were representing the plaintiff, Jarrod Miller, owner of the 1785 Bar and Grill, in downtown Athens.

The lawsuit does not ask that Gonzalez be removed from office, but to force her to do her statutory duties.

After the hearing, Miller said he actually voted for Gonzales, a Democrat who was elected two years ago, but that he is now concerned about the criminal cases that have been dismissed and those that were “pleaded down.”

Miller also mentioned the homicide of University of Georgia student Ariana Zarse, who was killed by a hit and run driver, as a case where the prosecution failed. The defendant was tried before a jury and acquitted.

Since her election, Gonzalez has seen prosecutions falter in a number of trials on serious felony cases. She has also dealt with a staffing problem as more than 30 assistant district attorneys have resigned. The lack of assistants has created manpower issues.

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Gonzalez attended the hearing represented by Atlanta attorney Derek Bauer, who said a basis for the suit is a policy Gonzalez announced before her election that she would not prosecute misdemeanor marijuana possession and truancy cases where children could be taken from their parents.

However, nothing in her statement said she will refuse to prosecute any cases as she retains the right of discretion to prosecute any case, according to Bauer.

The lawyer contended the plaintiff’s want to gain discovery rights in the case so they can “root around” for information.

Gaines argued that a mandamus is a legal action provided by the state General Assembly to compel a public official to do his or her job and was only brought after Gonzalez had been in office for two years.

Gaines said his client only wants the district attorney to do the job she was elected and he is not trying to interfere with her power of discretion on which cases to prosecute.

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