Georgia Court of Appeals denies DA's motion to dismiss Athens man's complaint

The Georgia Court of Appeals has denied an appeal by Western Circuit District Attorney Deborah Gonzales who sought to dismiss a suit filed in 2023 that alleged she was not complying with state law in regards to carrying out her responsibilities as an elected prosecutor.

The decision was released Monday.

The original suit, called a writ of mandamus, basically ordered Gonzalez to comply with the duties of the office. The complaint was filed by attorney Kevin Epps who represents the plaintiff, Athens businessman Jarrod Miller.

During court proceedings in May 2023, Gonzalez “confessed” to the writ, but on the same day she filed an appeal to the mandamus.

The case was originally heard by a specially appointed judge, David Emerson, who is a senior judge from Douglasville.

Emerson also heard Gonzalez's motion to dismiss the mandamus, which was based on statements she had previously made about not prosecuting certain criminal cases such as simple possession of marijuana and certain possession amounts of other drugs.

DA Lawsuit:DA Gonzalez confesses to judgment, then appeals to Supreme Court

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

Gonzalez appealed to the higher courts, asking that the mandamus be dismissed as she contended that Miller did not have a standing in bringing the mandamus action. But the Court of Appeals did not overturn Emerson’s ruling.

“This Court will not interfere with a trial court’s decision granting mandamus relief absent a showing that the court manifestly abused its discretion,” the Court of Appeals ruling reads.

Citing that and other legal reasons, the court dismissed her appeal.

Gonzalez can now ask the Georgia Supreme Court for a ruling.