Summary
On March 13, 2023, an Application for Writ of Mandamus was filed against Deborah Gonzalez in her official capacity as District Attorney for Athens-Clarke and Oconee Counties. It was alleged that Ms. Gonzalez was violating Georgia law by failing to prosecute all all indictable offenses in light of her written office policy not to prosecute criminal cases for charges involving possession of marijuana or drug related objects, as well as, truancy cases within the Juvenile Court.
On March 31, 2023, Ms. Gonzalez filed her response to the Application and her Motion to Dismiss. A hearing was conducted by the Honorable David T. Emerson, Senior Judge, on May 8, 2023. At the hearing, Ms. Gonzalez was greeted with a slew of supporting holding signs and vocalizing their support. An order was entered by Judge Emerson on May 9, 2023 denying Defendant’s Motion to Dismiss.
On May 12, 2023, Ms. Gonzalez requested a Certificate of Immediate Review to allow for a prompt appeal of the order denying the Motion to Dismiss. The request was denied on the same date. In an interesting turn of events, Ms. Gonzalez filed a Confession of Judgment, essentially stipulating to the requested relief sought by Mr. Miller, and then filing an immediate Notice of Appeal.
At this time, the appeal process is still pending. Although Ms. Gonzalez filed her initial appeal incorrectly in the Supreme Court of Georgia, it was transferred to the Court of Appeals pursuant to an order issued on July 25, 2023. The oral arguments were heard on January 3, 2024. It is expected that the Court of Appeals will issue their ruling prior to July 2, 2024 according to their rules.
Docket – Court of Appeals of Georgia
| May 12, 2023 | Confession to Judgment | Download |
| May 12, 2023 | Notice of Appeal | Download |
| May 17, 2023 | Amended Notice of Appeal | Download |
| July 25, 2023 | Supreme Court Opinion | Download |
| July 25, 2023 | Supreme Court Remittitur | Download |
| Aug. 16, 2023 | Notice of Docketing | Download |
| Appeal Record Index | Download | |
| Transcript Volume 1 | Download | |
| Transcript Volume 2 | Download | |
| Transcript Volume 3 | Download | |
| Aug. 16, 2023 | Brief of Deborah Gonzalez | Download |
| Aug. 28, 2023 | Brief of Amicus Curiae | Download |
| Sep. 5, 2023 | Request for Oral Argument | Download |
| Sep. 25, 2023 | Brief of Jarrod Miller | Download |
| Oct. 16, 2023 | Reply Brief of Deborah Gonzalez | Download |
| Nov. 30, 2023 | Order for Oral Argument | Download |
Docket – Supreme Court of Georgia
| June 22, 2023 | Order on Request for Oral Argument | Download |
| June 21, 2023 | Request for Oral Argument | Download |
| June 9, 2023 | Order on Joint Motion for Extension | Download |
| June 9, 2023 | Joint Motion for Extension | Download |
| June 1, 2023 | Notice of Docketing | Download |
| July 11, 2023 | Brief of Deborah Gonzalez | Download |
| July 13, 2023 | Joint Motion for Extension | Download |
| July 17, 2023 | Order on July 31, 2023 Extension – Amicus Brief | Download |
| July 17, 2023 | Order on August 10, 2023 Extension – Reply Brief | Download |
| July 17, 2023 | Request to File Amicus Brief | Download |
| July 20, 2023 | Brief of Amicus Curiae | Download |
| July 25, 2023 | Supreme Court Opinion | Download |
| July 25, 2023 | Supreme Court Remittitur | Download |
Docket – Trial Court
| March 13, 2023 | Application for Writ of Mandamus | Download |
| March 13, 2023 | Exhibit 1: Oath of Office | Download |
| March 13, 2023 | Exhibit 2: Judge’s Letter | Download |
| March 13, 2023 | Exhibit 3: No Staff for Court (Open Records) | Download |
| March 13, 2023 | Exhibit 4: Improper Accusation (Open Records) | Download |
| March 13, 2023 | Exhibit 5: Legal Advice to Oconee (Open records) | Download |
| March 13, 2023 | Exhibit 6: 2022 Pending Pre-Indictment | Download |
| March 13, 2023 | Exhibit 7: Apprentices in GJ (Open Records) | Download |
| March 13, 2023 | Exhibit 8: Day One Memo | Download |
| March 13, 2023 | Exhibit 9: Elijah Woods Indictment | Download |
| March 13, 2023 | Exhibit 10: Medical Amnesty | Download |
| March 13, 2023 | Exhibit 11: Missed Speed Trials | Download |
| March 13, 2023 | Exhibit 12: Motion for Discharge | Download |
| March 13, 2023 | Exhibit 13: Order Granting Dismissal | Download |
| March 13, 2023 | Exhibit 14: Truancy Texts (Open Records) | Download |
| March 13, 2023 | Exhibit 15: Anna Petree Proceedings | Download |
| March 13, 2023 | Exhibit 16: WUGA Interview Transcript | Download |
| March 13, 2023 | Exhibit 17: Leonard Norris E-mails (Open Records) | Download |
| March 13, 2023 | Exhibit 18: Order on Mts Varnum | Download |
| March 13, 2023 | Exhibit 19: ACCPD Complaint | Download |
| March 13, 2023 | Exhibit 20: Pendergraph Interview Transcript | Download |
| March 13, 2023 | Exhibit 21: Pendergraph Article | Download |
| March 13, 2023 | Exhibit 22: Treemokneesha Brown | Download |
| March 13, 2023 | Exhibit 23: Victim Issues | Download |
| March 13, 2023 | Exhibit 24: Employees Resigned | Download |
| March 13, 2023 | Exhibit 25: Tweet | Download |
| March 13, 2023 | Exhibit 26: DER Job Description | Download |
| March 13, 2023 | Exhibit 27: Attorney as DER | Download |
| March 13, 2023 | Exhibit 28: CJC Proposal | Download |
| March 13, 2023 | Exhibit 29: ADA at CJC | Download |
| March 13, 2023 | Exhibit 30: Least Qualified | Download |
| March 13, 2023 | Exhibit 31: Combined | Download |
| March 13, 2023 | Letter Requesting Judge Assignment | Download |
| March 13, 2023 | Recusal Order | Download |
| March 13, 2023 | Summons to Deborah Gonzalez | Download |
| March 13, 2023 | Sheriff’s Entry of Service | Download |
| March 15, 2023 | Order Appointing Judge David Emerson | Download |
| March 16, 2023 | Rule Nisi for Hearing on April 6, 2023 | Download |
| March 17, 2023 | Notice of Consent to Jury or Bench Trial – Mr. Miller | Download |
| March 17, 2023 | Notice of Deposition | Download |
| March 21, 2023 | Rule 5.2 Certificate – Mr. Miller | Download |
| March 22, 2023 | Rule 5.2 Certificate – Mr. Miller | Download |
| March 22, 2023 | Entry of Appearance by Attorney – Ms. Gonzalez | Download |
| March 23, 2023 | Notice of Filing Subpoenas – Mr. Miller | Download |
| March 24, 2023 | Rule 5.2 Certificate – Mr. Miller | Download |
| March 24, 2023 | Motion for Leave to Take Deposition – Mr. Miller | Download |
| March 27, 2023 | Entry of Appearance – Mr. Miller | Download |
| March 27, 2023 | First Amended Application for Writ of Mandamus – Mr. Miller | Download |
| March 27, 2023 | Notice of Filing Subpoenas | Download |
| March 27, 2023 | Order on Request for Expedited Discovery | Download |
| March 27, 2023 | Respondent’s Opposition to Motion to Take Expedited Deposition – Ms. Gonzalez | Download |
| March 30, 2023 | Order Scheduling Hearing for May 8, 2023 | Download |
| March 31, 2023 | Answer – Ms. Gonzalez | Download |
| March 31, 2023 | Motion to Dismiss – Ms. Gonzalez | Download |
| April 20, 2023 | Motion to Terminate Stay of Discovery and Extend Time to Respond | Download |
| April 25, 2023 | Order on Request to Record Court Proceedings | Download |
| April 25, 2023 | Order on Request to Record Court Proceedings | Download |
| May 1, 2023 | Applicant’s Response to Motion to Dismiss – Mr. Miller | Download |
| May 9, 2023 | Order Denying Motion to Dismiss | Download |
| May 9, 2023 | Motion for Certificate of Immediate Review – Ms. Gonzalez | Download |
| May 10, 2023 | Rule 5.2 Certificate / Request for Admissions | Download |
| May 12, 2023 | First Amended Answer – Ms. Gonzalez | Download |
| May 12, 2023 | Order Denying Certificate of Immediate Review | Download |
| May 12, 2023 | Confession to Judgment | Download |
| May 12, 2023 | Notice of Appeal – Ms. Gonzalez | Download |
| May 12, 2023 | Order Making Request for Certificate of Immediate Review and Plaintiff’s Response Part of Record | Download |
| May 16, 2023 | Transcript – Hearing on Motion for Summary Judgment – May 8, 2023 | Download |
| May 17, 2023 | Amended Notice of Appeal – Ms. Gonzalez | Download |
| May 22, 2023 | Exhibit 32: | Download |
| May 24, 2023 | Amended Invoice for Appeal Costs | Download |
| May 30, 2023 | Motion for Discovery Schedule | Download |
| June 1, 2023 | Appeal Index | Download |
| July 3, 2023 | DA Gonzalez’s Response in Opposition to Discovery Schedule | Download |