On May 31, 2023, the District Attorney’s Office was noticed to appear for a peremptory calendar call for Judge Lott in Athens-Clarke County. The DA’s office had three cases scheduled for consideration:
- SU-19-CV-0540 State v. $1,633, et all.
- SU-21-CV-0322 State v. $52,000, et al.
- SU-21-CV-388 State v. $12,000, et al.
In all forfeiture cases, the State of Georgia, via the District Attorney’s Office has the burden of proving, by a preponderance of the evidence, that the property is subject to forfeiture. As the Court called the calendar, it was apparent nobody appeared on behalf of the District Attorney’s Office. Accordingly, the cases were each dismissed for want of prosecution as required by law.
Interestingly enough, a request was made to fine the District Attorney for her failure to appear. O.C.G.A. 15-18-25 requires a fine of $50.00 be imposed against the District Attorney if she fails to attend court as scheduled without just cause. Stay tuned…