Open records lawsuit against Athens DA Gonzalez can move forward, Georgia Supreme Court says

The Supreme Court of Georgia gave the green light on Tuesday for an open records lawsuit against Athens-based district attorney Deborah Gonzalez to move forward. 

Jarrod Miller, an Athens-Clarke County resident, filed a request In June 2023 to obtain public records that he said would show “unprecedented staff shortages, staggering caseloads, violations of crime victims’ rights, failure…to effectively prosecute criminal cases, and an open disregard for the laws of the State of Georgia.”

Gonzalez, the Western Judicial Circuit district attorney, had argued the state’s open records law are not applicable to her so Miller filed a complaint.

A trial court had rejected Gonzalez’s arguments and denied her motion to dismiss the case. The Supreme Court ruled that Gonzalez is subject to the lawsuit, adding that she has not shown that the trial court ruled in error.

“The Supreme Court also has concluded that Gonzalez is subject to suit under the Open Records Act in her official capacity as the custodian of public records for her office,” the court said. “Lastly, the Supreme Court has concluded that Gonzalez is not absolutely immune from civil liability for private actions arising from the performance of her official duties, including actions taken with respect to the Open Records Act.”