A law Gov. Brian Kemp (R-GA) signed earlier this month is putting one prosecutor under the microscope as she faces challenges to her position from multiple directions.
Athens-Clarke County District Attorney Deborah Gonzalez has been under increased scrutiny in the Peach State. Here’s a look at the concerns and actions being taken by some to remedy those concerns.
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Job performance concerns
Gonzalez came under fire in October last year when four judges signed a letter criticizing her for failing to do her job in a timely manner.
“With so many cases waiting to be tried, it is imperative that the Court not be further delayed by the State’s lack of preparation and or failure to follow proper procedures,” the letter said, per WXIA.
The local outlet also found in March that at least 35 prosecutors had left Gonzalez’s office since she was elected as district attorney, with Gonzalez alleging low salaries as the reason for short staffing. Gonzalez said the short staffing has created a backlog in cases, creating delays in prosecutions.
“My caseload last time, pulling the list, culling the cases, was 870 cases,” Gonzalez said.
Law signed by Kemp
The law Kemp signed makes it easier for the state to crack down on district attorneys who don’t prosecute certain crimes, with the law creating a state oversight commission to investigate, fine, and remove from office district attorneys who do not punish criminals in a timely manner.
Gonzalez has frequently been cited as one of the driving forces behind the new law, with Republican state Rep. Houston Gaines saying that with the Athens-Clarke County district attorney, there is “issue after issue after issue.”
“The whole point of the bill is to restore public safety in places where you have rogue district attorneys who aren’t doing their job,” Gaines said.
Lawsuit filed against Gonzalez
Earlier this year, a business owner in Athens, Georgia, filed a writ of mandamus against Gonzalez in state court. The order would mandate Gonzalez to fulfill her duties as district attorney.
Senior Judge of Superior Courts David Emerson ruled the case could go forward earlier this month.
There are various claims about Gonzalez, but one centers on a memo Gonzalez allegedly sent to her office saying they would not prosecute any marijuana-related offenses or drug possession offenses, per WXIA.
“It is the legislature’s role to decide what conduct is criminal. Judges interpret their laws. Prosecutors enforce them,” Emerson said in the ruling allowing the case to proceed.
In a lengthy statement, Gonzalez said she was disappointed by the judge’s ruling, arguing she has “prosecutorial discretion.”
“I am deeply disappointed in Judge Emerson’s order denying the dismissal of the writ of mandamus. It is apparent that the arguments of the dismissal request were not properly considered, nor was the existing law properly applied,” the statement said in part. “The decision effectively endorses the misuse of the writ of mandamus to deprive me and my office of our prosecutorial discretion.”
Later that week, Gonzalez filed a motion “confessing” to the writ of mandamus but also appealed the ruling to the Georgia Supreme Court, per the Athens Banner-Herald. The appeal is still pending before the court.
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Other district attorneys who have been accused of not properly fulfilling their duties have been ousted or put on notice in other states.
In Florida, Gov. Ron DeSantis (R-FL) ousted state attorney Andrew Warren in 2022 for allegedly vowing not to follow abortion law in his prosecutions. Warren is currently suing to be reinstated. While in Missouri, St. Louis Circuit Attorney Kim Gardner resigned after being accused by the state attorney general of neglecting her duties and being threatened with removal.
