In June 2023, a local resident filed a case against Ms. Gonzalez as District Attorney for the Western Circuit claiming that she had failed to comply with various Open Records Requests. The original requests were sought to investigate the ongoing disregard for the rights of victims and related matters involving the the failure of the District Attorney’s office to effectively prosecute criminals resulting in a safety issues throughout Athens-Clarke and Oconee Counties. Instead of simply complying with the law, Ms. Gonzalez tried to make various arguments that she was not required to comply with the Open Records Act in the State of Georgia. The trial court denied her Motion for Summary Judgment and Ms. Gonzalez appealed.
The trial court denied Ms. Gonazlez’s argument that she had absolute prosecutorial immunity from civil liability for private actions arising from the performance of her official duties. She contended that her immunity applied to her action or lack of action related to the Open Records Requests. On October 22, 2024, the Georgia Supreme Court AFFIRMED the trial court finding that the Open Records Act did apply to district attorney’s offices and that Ms. Gonzalez was not entitled to constitutional prosecutorial immunity related to the Plaintiff’s claims against Ms. Gonzalez related to her failure to fulfill her official duties. The case against Ms. Gonzalez can now proceed.
The Complaint filed in the Superior Court of Athens-Clarke County seeks the following relief:
An order from the Court compelling Ms. Gonzalez and her office to enter an interlocutory and final injunction directing her to promptly produce the outstanding records that have been requested.An award of civil penalties against Ms. Gonzalez and her office for violations of the Open Records Act, including a $1,000.00 fine for the first violation and $2,500 per violation for each subsequent violation committed within a 12 month period from the first violation.An award of attorney’s fees and costs.
Interestingly enough, Ms. Gonzalez may be subject to criminal penalties for the blatant violations of the Open Records Act. It is a misdemeanor violation to “knowingly or willingly” frustrate or attempt to frustrate the access to records by intentionally making records difficult to obtain or review. See: O.C.G.A. § 50-18-74. Wilful destruction of records subject to disclosure may result in felony charges.
