Fani Willis, Fulton County District Attorney, is being ordered to fork over $54,000 in attorney fees and expenses after a court issued a ruling that her office was in violation of Georgia’s Open Records Act (ORA) in a case connected with President Donald Trump. It couldn’t have happened to a more deserving person.
The ruling was handed down last Friday and stated both Willis and her office had failed to comply with open records requests within the legally required deadline, which they says is acting without “substantial justification” by not allowing the release of the requested information.
Ashleigh Merchant was then awarded $54,103.23 in both attorney fees and litigation costs.
“The ruling stems from a dispute with defense attorney Merchant, who represents Michael Roman, a co-defendant in the election interference case against President Donald Trump. Merchant had requested records related to the case, but the D.A.’s office failed to provide them, leading the judge to find the office ‘openly hostile’ and lacking ‘good faith’ in handling the requests,” Trending Politics News reported.
Superior Court Judge Rachel Krause, who serves in Fulton County, also demanded that pre-determined public records be handed over within a month’s time, issuing a stern warning that there could be additional penalties imposed on Willis if she continues not to comply.
The initial case was focused on the question of whether or not the Fulton County District Attorney’s Office fell under compliance to the Open Records Act. The court answered in the affirmative.
Citing the Georgia Supreme Court’s ruling in Gonzalez v. Miller, the court reaffirmed that Willis, as the head of the District Attorney’s Office, is the custodian of public records and is responsible for ensuring compliance with ORA regulations. Crucially, Willis’s office did not assert that any of the requested records were exempt from disclosure. Instead, the court found that her office simply failed to provide the requested documents within the legally required three business days, in direct violation of state law.
Merchant, who requested the public records from Willis’s office, filed a legal challenge after receiving no timely response. Krause determined that the District Attorney’s Office had no substantial justification for its non-compliance, which triggered penalties under the law.
“Defendants — through the Open Records custodian, Dexter Bond — were openly hostile to counsel for Plaintiff, Ms. Merchant, and testified that Ms. Merchant’s requests were handled differently than other requests,” the order went on to say.
“Proud that we have judges willing to hold people in power accountable when they ignore the law!!!!” Merchant stated in a post on X Friday.
As a result of the violation, the court ordered Willis’s office to cover the legal costs incurred by the plaintiff in pursuing the case, and retains jurisdiction over the matter and has the authority to impose further sanctions if Willis’s office continues to delay or withhold records.
Along with the financial penalties, the judge also ordered Willis’ office to produce a set of key documentation within a month. Some of the files contain non-disclosure agreements that have been signed by folks who were involved in the case, along with a list of lawyers hired by the DA’s office connected to Trump-related prosecutions.
“Failure to comply with the order could result in additional legal consequences for Willis and her office, as the court has explicitly stated it will continue to monitor compliance and consider further penalties if necessary,” the article stated in conclusion.
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