Fulton County District Attorney Fani Willis has recently requested that a Georgia court refrain from appointing a special master to address her office’s repeated violations of state open records laws. These violations stemmed from the prosecutor’s office denying the existence of documents related to communications with special counsel Jack Smith and members of the House select committee investigating the January 6th attack on the U.S. Capitol.
In response to a lawsuit filed by Judicial Watch, a conservative government watchdog group, Fulton County Superior Court Judge Robert McBurney ordered the DA’s office to provide the requested documents or explain their absence. The judge also left open the possibility of awarding attorney fees. After the DA’s office was found in default, Judicial Watch filed a motion asking the court to appoint a special master to review the agency’s files or conduct an in-camera inspection of the documents in question.
Earlier this month, the court imposed an award of $21,578 in attorney’s fees and costs, which were due by January 17, 2025. Willis filed her office’s response to the special master request on the same day. She argued that her office was in compliance with the court’s December 2024 order and contended that Judicial Watch’s request was premature and excessive.
Willis claimed that the request for an in-camera inspection of records, which may be protected by attorney-client privilege and work product protections, was too early without a hearing. She also pointed out that there is no legal provision for such an inspection in cases involving ongoing investigations or criminal prosecutions. Furthermore, Willis stated that the law does not support the appointment of a special master in open records cases, calling it an unprecedented and overly intrusive remedy.
Despite Willis’ claims of compliance, Judicial Watch has expressed doubts about the thoroughness of the searches conducted by the Fulton County DA’s office. The group’s motion filed in December 2024 highlighted concerns that the searches were not diligent and that Willis had failed to provide a description of the records she had withheld. Judicial Watch also pointed out that the DA’s office had conducted at least three separate searches before finding any responsive records not already supplied by the group itself.
Judicial Watch has argued that these issues raise serious questions about the competency of the Fulton County District Attorney’s Office and whether all responsive records have been properly identified. The group has requested that a special master be appointed to oversee and monitor the record searches, with the authority to audit the searches and conduct additional searches if necessary. They also suggested that the special master should be allowed to hire consultants or experts to assist with the process and make recommendations to the court regarding the allocation of fees and expenses.
In her response, Willis vigorously opposed the appointment of a special master, emphasizing that such a remedy is not provided under the Open Records Act. She argued that appointing a special master would violate the law and undermine the integrity of the ongoing criminal case. She further stated that Judicial Watch had not presented any legal authority to support the request for a special master in an open records case.
Willis’ office has faced increasing scrutiny over its handling of open records requests, with Judicial Watch questioning whether all relevant documents have been properly disclosed. The ongoing legal battle underscores the tension between transparency and the protection of sensitive information in ongoing investigations.
